Supreme Court Hears MCPS Case

by Evelyn San Miguel ‘26

The Supreme Court on January 17 agreed to hear Mahmoud v. Taylor, a case repeatedly denied by the lower courts on the subject of MCPS parents’ rights to opt-out their children from the reading of books with LGBTQ+ themes in K-6 classes. The parents, who are Muslim, Roman Catholic, and Ukrainian Orthodox respectively, argue that the school district has violated their First Amendment rights on the grounds of religious freedom. Set to have oral arguments heard on April 22, the case arrives at a time of immense debate, strife, and conflict around the subject of parental rights, religious freedoms, and the LGBTQ+ community.

Parents, backed by religious organizations like the Becket Fund, are advocating for the county to provide them with the option to opt-out of the reading of these books to their children, which would require a notification to parents prior to the introduction of any books that contain themes that could conflict with religious beliefs. Initially, MCPS allowed parents the choice to opt-out — similar to the option to opt-out of the Human Life and Sexuality unit in health classes — when the books were introduced in October of 2022, but reversed that decision in March of 2023.

As Mahmoud v. Taylor gained traction and was appealed to the Supreme Court, conservative and religious organizations like the Fund — who are sponsoring the plaintiff in this case — argue that parents do not give up their rights to parent their children just because they send them to public school. The Becket Fund argues that the decision to introduce children to such themes should be up to parents.

The “inclusivity” books were announced for Pre-K through fifth grade in 2022, including elementary-aged titles like “Uncle Bobby’s Wedding,” “Pride Puppy,” and “My Rainbow,” feature discussions of same-sex marriage, transgender youth, and drag queens — all topics that have been highly controversial in all spheres of American politics. These books are a part of an approved list for MCPS that are options “made available for individual reading, classroom read-alouds, and other educational activities designed to foster and enhance literacy skills.” The parents, who testified to their apprehension on having children participate in lessons contrary to their religious beliefs, consider the subjects inappropriate for their children to learn in school.

“The storybooks are not used in any lessons related to gender and sexuality. Nor is any student asked or expected to change his or her views about his or her own, or any other student’s, sexual orientation or gender identity,” the district maintains. Should the court rule in favor of the parents, MCPS will have to alter their policy to allow the opting-out of book readings with themes that conflict with religious faith, and the implications for the future of parents’ rights will likely continue should the precedent be set with a favorable ruling.