The Supreme Court is considering whether parents have a constitutional right to opt their children out of LGBTQ-themed lessons and storybooks in Maryland public schools, based on the First Amendment right to free exercise of religion.

The Montgomery County school board withdrew the parental opt-out option in 2023 citing administrative challenges in managing opt-outs for instruction featuring books with gender identity and sexual orientation themes.

Parents argue that requiring their children to participate in LGBTQ-themed instruction violates their sincerely held religious beliefs, amounting to government-led indoctrination on sensitive matters of sexuality, and they seek a constitutional exemption based on the First Amendment's protection of religious freedom.

The Supreme Court justices are divided; the conservative majority appears sympathetic to parental rights and religious liberty, questioning the difficulty of allowing opt-outs, while others warn about potential disruption to the public education system. Some justices expressed surprise that this issue has escalated to the Court level.

A ruling in the Mahmoud v. Taylor case is expected by late June or early July 2025.