With the new school year in full swing, protecting every student’s right to be themself and have the freedom to learn remains more critical than ever. Even in the face of the Supreme Court’s decision in Mahmoud v. Taylor—the latest attempt to undermine the humanity of LGBTQ+ families—parents, students, and school community leaders should know that California’s robust inclusive education and anti-discrimination laws remain strong.
The Mahmoud case involved parental opt out of elementary school instruction using LGBTQ+-inclusive storybooks based on religious beliefs. The decision, which was not limited to LGBTQ+-inclusive instruction, extends parents the right to opt their children out of instruction in those circumstances where instruction would undermine parents’ sincerely-held religious beliefs. While Mahmoud creates new opt-out rights for religious parents and schools will need to prepare to process such requests, it is important to understand the narrow scope of this decision and what it does and does not do. For example:
- Opt out requests must be just that—opt out, not opt in. Mahmoud explicitly focused only on the right to opt out of instruction. California’s current inclusive education laws and curriculum standards remain the state’s legal baseline for what is to be provided in public school instruction and adopting an opt in scheme for inclusive content would violate these requirements.
- Opt out requests apply only to classroom instruction. The decision was specifically centered around opt out of storybooks which were used as a part of classroom instruction. Schools should not remove books on shelves in classroom or school libraries that may contain religiously objectionable content, prohibit students from expressing their LGBTQ+ identities at school, or bar students from discussing LGBTQ+ topics in a non-disruptive manner.
- Opt out requests do not provide license to segregate LGBTQ+-inclusive instruction or other potentially religiously objectionable content. Silo-ing religiously objected to content detracts from the benefits of inclusive education and may risk violating inclusive education requirements. The purpose of inclusive education is to weave in representation of the diversity of Californians into our public instruction so that all students, regardless of background, have the opportunity to see themselves represented in their classrooms. This goal is undermined if such content is silo-ed and stigmatized.
- Opt out-related forms should be content-neutral and not stigmatize LGBTQ+-related content or LGBTQ+ identities. Policies, processes, and/or forms that negatively distinguish LGBTQ+-inclusive instruction are stigmatizing and harmful to LGBTQ+ students and do not necessarily serve the intended goal of accommodating religious objections, since Mahmoud was not necessarily limited in scope to LGBTQ+-inclusive instruction materials. Appropriate opt out processes will require parents to affirmatively exercise their right to religious opt-outs, typically by notifying the school of their religious objection in writing. Schools should train their staff on how to handle such requests and ensure they are promptly considered.
In short, the Mahmoud decision does not give religious parents the ability to dictate curriculum for all and it certainly does not spell the end of inclusive schools in California. Inclusive education boosts academic outcomes, builds empathy, fosters greater connection among all students, and prepares them to enter our pluralistic society.
Efforts to undermine inclusive learning environments and attack the rights of young people—particularly those of trans and queer students—are likely to continue. In fact, those who brought the Mahmoud case seek to make it so difficult and dangerous to acknowledge LGBTQ+ people’s existence that educators give up entirely. For that reason, it is important that educators continue providing inclusive education, and that administrators and community continue to have their backs.
All students deserve to feel safe, welcome, and valued in their classroom, and curriculum reflecting the diversity of our society is part of realizing that vision.
Learn more about legal ins and outs of the Mahmoud decision: https://www.aclusocal.org/sites/default/files/mvt-legal-faq-resource-7.30.25.pdf
Learn how you can be involved in ensuring our schools protect our students’ freedom to learn: https://www.myschoolmyrights.com/freetolearn/
With the new school year in full swing, protecting every student’s right to be themself and have the freedom to learn remains more critical than ever.
