Maryland Parents to Regain Opt-Out Rights for LGBTQ-Inclusive Storybooks in Montgomery County Schools

A divided Supreme Court has halted Montgomery County’s ban on parental opt-outs for LGBTQ-inclusive elementary school storybooks, ordering the Board of Education to notify families in advance and allow excused absences while the legal battle continues. This decision temporarily restores accommodations for diverse religious communities concerned about classroom instruction on sexuality and gender.

Montgomery County introduced five new storybooks for kindergarten through fifth grade during the 2022–2023 school year that present same-sex marriages, transgender identity, and other themes celebrating LGBTQ+ lives. After initially permitting parents to opt their children out of lessons involving these texts, the Board rescinded that policy in March 2023, citing classroom disruptions and stigma for students who left. Hundreds of parents from Muslim, Orthodox Christian, Catholic, and other backgrounds joined an association called Kids First to challenge the change, arguing it conflicted with their deeply held religious beliefs about marriage and gender.

In a 6–3 ruling delivered June 27, 2025, Justice Alito wrote for the majority that Montgomery County’s refusal to accommodate opt-outs imposes an unconstitutional burden on the free exercise of religion. Citing Wisconsin v. Yoder, the Court held that parents have a protected right to direct the “religious upbringing” of their children and that mandatory instruction celebrating beliefs contrary to those held at home poses “the kind of objective danger to the free exercise of religion” the First Amendment forbids. The Court granted a preliminary injunction requiring the Board to reinstate advance notice and opt-out rights for any lesson involving the contested books.

The ruling means that until the case reaches a final judgment, schools must inform parents before teaching any of the LGBTQ-inclusive storybooks and allow excused absences for children of objecting families. Parents who previously felt compelled to transfer their children to private or home schooling now have the option to return to the public system without compromising their religious convictions. The Board could still reinstate the policy after full appellate review, but any future changes must withstand strict scrutiny to justify overriding parents’ free-exercise rights.

Article by multiple contributors, based upon information from the Supreme Court of the United States

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