MONTGOMERY COUNTY, Md. — A group of parents in Montgomery County have voiced a desire to opt their children out of elementary school lessons that contain LGBTQ themes. Books and other classroom materials occasionally include LGBTQ characters, causing a divide between the Montgomery County School Board and some religious parents in Maryland.
Montgomery County introduced books with LGBTQ characters to its public elementary schools in 2023, including a story involving a young girl’s gay uncle and a book about a dog attending a Pride parade. Although none of the books feature sexual or explicit content, some parents argue that their children are learning about topics that conflict with their religious beliefs.
Initially, there was an opt-out option for parents who rejected the material, but Montgomery County officials have stated that accommodating all requests became too difficult.
Two leading plaintiffs, Enas Barakat and Tamer Mahmoud, are a Muslim couple seeking the ability to opt their child out of lessons involving LGBTQ content.
Other plaintiffs include Catholic parents in Maryland who similarly wish to opt their children out of reading the material. Montgomery County is known for its religious and cultural diversity, which can create challenges in accommodating the perspectives of all groups.
Some parents have expressed concern that exposure to LGBTQ themes could conflict with their children’s religious teachings. However, the school board’s legal team argued there is no attempt to influence or change children’s beliefs. In court documents, the lawyers wrote that the record is “devoid of evidence that petitioners (or their children) are compelled or pressured to modify their religious beliefs or practice.”
The Supreme Court agreed to hear the case in January 2025. The parents sued the Montgomery County Public Schools, and the case, Mahmoud v. Taylor, has since gained national attention due to its controversial nature.
The Fourth Circuit Court of Appeals previously ruled against an argument proposed by the Becket Fund for Religious Liberty in 2023, which asserted that the books promote same-sex marriage and transgender identities, thereby hindering religious liberties. The court wrote:
“None of these declarations provides any information about how any teacher or school employee has actually used any of the storybooks in the parents’ children’s classrooms, how often the storybooks are actually being used, what any child has been taught in conjunction with their use, or what conversations have ensued about their themes.”
Supreme Court Hears Arguments Over Religious Opt-Out Case
During the week of April 22, the Supreme Court’s conservative majority expressed sympathy for the Maryland plaintiffs, citing the rights of religious parents. If the court rules in favor of religious liberty, an opt-out program could become available for lessons related to sexuality and gender topics.
Justice Brett Kavanaugh, a Maryland native, referenced the state’s history in his comments about Mahmoud v. Taylor. “Maryland was founded on religious liberty and religious tolerance. A haven for Catholics escaping persecution in England,” Kavanaugh said.
Kavanaugh also questioned why an opt-out option would be difficult to implement, stating, “I guess I’m surprised given that, you know, this is the hill that we’re going to die on in terms of not respecting religious liberty.”
Other conservative justices also signaled support for the parents’ concerns. However, the court’s liberal justices questioned whether the curriculum imposed any burden on religious practice, suggesting that exposure to differing viewpoints does not necessarily violate constitutional rights.
A final decision in Mahmoud v. Taylor is expected by summer 2025. To learn more about the Supreme Court’s latest case, visit SCOTUSblog.
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