“The First Amendment” by Nick Youngson is licensed under CC BY-SA 3.0
By: TPS
Case Background
Montgomery County Public Schools (MCPS) in Maryland has introduced LGBTQ+ inclusive storybooks into its pre-K through 5th-grade curriculum.
Initially, parents were notified and allowed to opt their children out of readings. In 2023, MCPS ended the notification and opt-out policy, citing administrative difficulties, increased absenteeism, and concerns about isolating LGBTQ+ students.
A group of religious parents sued, arguing the change violated their First Amendment right to free exercise of religion. They emphasized they were not seeking to ban the books, only to be notified and allowed to shield their children from content they said contradicted their religious beliefs.
Lower Courts
Both the District Court and the 4th Circuit ruled against the parents, reasoning that mere exposure to these books didn’t coerce them to alter their religious beliefs or violate their rights.
Supreme Court Ruling
On June 27, 2025, the U.S. Supreme Court, in a 6–3 decision, granted preliminary relief, requiring MCPS to reinstate parental notifications and opt-out options while litigation continues in lower courts.
Justice Alito, joined by Roberts, Thomas, Gorsuch, Kavanaugh, and Barrett, emphasized that the school’s policy burdens parents’ constitutional right to direct the religious upbringing of their children, and that this burden outweighs the burden placed on the school.
Justice Sotomayor dissented, warning the ruling could lead to widespread parental veto power over curricula, undermining the foundational purpose of public education—which she said is to expose students to a range of ideas and perspectives reflective of society.
Books referenced in the case: Pride Puppy, Uncle Bobby’s Wedding, IntersectionAllies, My Rainbow, Prince & Knight, Love, Violet, Born Reay
