The U.S. Supreme Court ruled Friday that parents have the constitutional right to opt their children out of elementary school lessons that include LGBTQ-themed books, a decision that has sparked debate over the role of public education and religious freedom.
In a 6–3 decision, the justices sided with a group of parents in Montgomery County, Maryland, who challenged the local school district’s policy. The parents had sought to reinstate an opt-out option after the district rescinded it in 2022, following the introduction of books featuring gay and transgender characters into the curriculum.
Justice Samuel Alito, writing for the conservative majority, said the absence of an opt-out provision placed an unconstitutional burden on the parents’ ability to freely practice their religion.
“Without relief, parents face a stark choice: expose their children to instruction they find deeply objectionable, or pay large sums for private education,” Alito wrote. “This burden infringes on their religious freedom.”
The ruling does not automatically create a national opt-out policy but sends the case back to a lower court to finalize whether and how Montgomery County must accommodate parental objections.
Justice Sonia Sotomayor, writing in dissent, warned the ruling could disrupt classrooms nationwide.
“Mandating schools to offer opt-outs for any material a parent claims violates their beliefs will create administrative chaos,” Sotomayor wrote. “The result will be fragmented instruction, absenteeism, and harm to students’ development.”
The ruling followed partisan lines, with all six Republican-appointed justices voting in favor of the parents and the three Democratic-appointed justices dissenting.
The decision also requires Montgomery County Public Schools to notify parents in advance when LGBTQ-inclusive materials will be used, so families can decide whether to withdraw their children from those lessons.
The case is now set to return to a federal district court, which will determine the scope and specifics of the opt-out policy.Tools
