The Supreme Court agreed to hear Mahmoud v. Taylor in an order released Friday, Jan. 17. The lawsuit alleges that the Montgomery County Public School (MCPS) curriculum is unconstitutional in using LGBTQ+ books without an option for parental opt-out.
The case has already been heard at the district court and appeals court levels, where judges upheld MCPS’ decision not to offer an opt-out for parents. Led by parent Tamer Mahmoud, the group of parents sued MCPS, the Board of Education and then-Superintendent Dr. Monifa McKnight (the lawsuit now names Superintendent Dr. Thomas Taylor).
The three parents, represented by the Becket Fund for Religious Liberty, argued that the lack of an opt-out option, such as the one available in family life/health classes, violates the First Amendment’s free exercise clause.
The case revolves around six books approved for MCPS’ K-5 curriculum in 2022, with one added for each grade. In March 2023, MCPS notified parents that they would no longer be able to opt out of learning with these books, which prompted the lawsuit.
The Supreme Court will be the final arbiter on the constitutionality of the policy, impacting school districts across the nation.
“The Court must make clear: parents, not the state, should be the ones deciding how and when to introduce their children to sensitive issues about gender and sexuality,” counsel of record and Becket Fund Vice President Eric Baxter said in a press release.
MCPS does not comment on pending litigation. However, when the district court first denied a preliminary injunction in August 2023, the school district issued a statement doubling down on its commitment to inclusive books.
“MCPS remains committed to cultivating an inclusive and welcoming learning environment and creating opportunities where all students see themselves and their families in curriculum materials,” the district said at the time.
The parents petitioned for a writ of certiorari to the Supreme Court in September. A writ of certiorari allows the court to review the lower court’s decision and possibly overturn it. Only about 3% of petitions that the Supreme Court receives each year are granted.
A date for oral arguments has not been set, but will likely be sometime this spring.
