The Supreme Court has agreed to review whether a school board can compel public elementary school students to participate in LGBTQ storybook time without giving parents prior notice or an opportunity to opt out. The case, Mahmoud v. Taylor, challenges the Montgomery County (Md.) Board of Education’s requirement that elementary school teachers read books celebrating gender transitions to children to disrupt what the board calls “cisnormativity.” Several parents filed suit claiming that the inability to opt their children out of instruction contrary to their religious beliefs violates the Free Exercise Clause. The Supreme Court will hear the case this spring.
The case began when the school board announced that it would introduce story books into its elementary school classrooms with the goal of changing students' minds regarding sex and gender. Parents were given notice of when a book was to be read and allowed to opt out. Then, beginning in the 2023-2024 school year, the school board changed its mind and declared that neither notice nor opt-outs would be permitted.