Education Action Alliance Responds to Supreme Court Ruling in Mahmoud v. Taylor

PHOENIX, AZ – On Friday, The U.S. Supreme Court ruled in Mahmoud v. Taylor that public schools in Maryland must allow parents with religious objections to opt their children out of classes that include L.G.B.T.Q. storybooks and themes.

The 6 to 3 decision extends a “winning streak” of religious freedom claims at the court, often at the expense of LGBTQ+ inclusion and public education. The case challenged a 2022 Montgomery County Public Schools curriculum for Pre-K through fifth grade, and the Court ultimately sided with families seeking to exempt their children from inclusive lessons. 

For Arizonans, this outcome is not surprising. Our state already permits parental opt-outs, and it’s likely that similar laws will spread across red states, and even blue ones, under the guise of so-called "common sense centrism." The fight now moves beyond opt-outs to protecting the right to “opt in”.

This ruling, paired with the continued expansion of universal unregulated vouchers, weakens the vision and infrastructure of public education. As Justice Sotomayor writes in her powerful dissent:

“Today’s ruling threatens the very existence of public education. The Court, in effect, constitutionalizes a parental veto over curricular choices long left to the democratic process and local administrators. That decision guts our free exercise precedent and strikes at the core premise of public schools: that children may come together to learn not the teachings of a particular faith, but a range of concepts and views that reflect our entire society. Exposure to new ideas has always been a vital part of that project - until now.

The reverberations of the Court’s error will be felt, I fear, for generations. Unable to condone that grave misjudgement, I dissent.”

We agree with Justice Sotomayor, and we dissent. 

The strength and resilience of Arizonans is and was built by our public school system, and the current dismantling will continue to unravel the fabric of our communities. Education Action Alliance will continue to advocate, educate, and organize to ensure every queer student can thrive in school.

Media Contact: media@educationactionalliance.org

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Education Action Alliance envisions a future where all queer students thrive in school. Every student has the right to be affirmed and supported at school—but for many queer* students, this promise is broken. When these students are free to learn without discrimination, the entire school community thrives. Education Action Alliance educates, advocates, and organizes for inclusive schools where all queer students are valued and inspired to reach their full potential.

* We use the word queer to reflect a broad spectrum of LGBTQIA2S+ identities, including students who are intersex, asexual, nonbinary, questioning, or still exploring how they identify. This is the language many young people in our community use to describe themselves today—and we honor that by using the terms that reflect how they see and celebrate their own identities. We recognize that for some, queer carries painful history. We choose it with care, knowing that it has been reclaimed by a new generation as a word of pride, power, and possibility—and that it reflects the future we’re working to build.