24-297 MAHMOUD V. TAYLOR
DECISION BELOW: 102 F.4th 191
LOWER COURT CASE NUMBER: 23-1890
QUESTION PRESENTED:
Respondent Montgomery County Board of Education requires elementary school teachers to read their students storybooks celebrating gender transitions, Pride parades, and same-sex playground romance. The storybooks were chosen to disrupt "cisnormativity" and "either/or thinking" among students. The Board's own principals objected that the curriculum was "not appropriate for the intended age group," presented gender ideology as "fact," "sham[ed]" students with contrary opinions, and was "dismissive of religious beliefs." The Board initially allowed parents to opt their kids out-but then reversed course, saying that no opt-outs would be permitted and that parents would not even be notified when the storybooks were read.
Petitioners filed suit, not challenging the curriculum, but arguing that compelling their elementary-age children to participate in instruction contrary to their parents' religious convictions violated the Free Exercise Clause. Construing Wisconsin v. Yoder, the Fourth Circuit found no free-exercise burden because no one was forced "to change their religious beliefs or conduct."
The question presented is:
o Do public schools burden parents' religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents' religious convictions and with-out notice or opportunity to opt out?
CERT. GRANTED 1/17/2025
You can read the oral argument transcript here:
https://www.supremecourt.gov/oral_arguments/argument_transcripts/2024/24-297_j426.pdf
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