The Supreme Court’s Recent Decision in Mahmoud v. Taylor Concerning LGBTQ+ Curricula: Considerations for Massachusetts Public Schools

On June 27, 2025, the Supreme Court of the United States held in Mahmoud v. Taylor that parents were entitled to opt their children out of instruction related to “LGBTQ+-inclusive” curriculum used in Montgomery County Public Schools based upon the parents’ religious-based objections, noting that the inability of the petitioning parents to opt out of that curriculum impermissibly burdened the parents’ religious exercise in violation of the First Amendment of the U.S. Constitution.[1] While the Supreme Court’s holding was specific to the facts before it concerning public school curriculum in Montgomery County (MD), the decision nevertheless raises questions for schools across the United States, particularly with respect to when parents should be notified of curriculum decisions and when/whether parents should be afforded the ability to opt their student(s) out of contested curriculum.

Massachusetts Attorney General Andrea Campbell issued a statement following the Mahmoud decision expressing her “disappoint[ment] in the Supreme Court’s decision to undermine public schools’ long-standing authority – and obligation – to create inclusive curricula” and reaffirming the Office of the Attorney General’s “commit[ment] to defending inclusive education that teaches all students to respect one another, regardless of, and without interfering with, their respective beliefs.”

Massachusetts law and regulations require that all public schools “through their curricula, encourage respect for the human and civil rights of all individuals regardless of race, color sex, gender identity, national original or sexual orientation,”[2] and in February 2025 the Acting Commissioner of the Massachusetts Department of Elementary and Secondary Education (“DESE”) affirmed DESE’s commitment to an educational vision that encourages students to learn by engaging with diverse perspectives.[3] However, in light of the Mahmoud decision, Massachusetts public schools, including charter public schools, should be prepared to respond to requests to opt out of particular school curricula and potential challenges to material that includes LGBTQ+ themes. Although neither the United States Department of Education nor DESE has issued guidance concerning the Mahmoud decision, we recommend developing a school policy that includes, at a minimum, the following best practices:

• Ensure that staff know to direct any requests to opt out of the curriculum to the appropriate school administrator
• Document the basis of any parental challenge to school materials in writing and include a copy of the opt-out request and documentation describing any actions taken in response to such request in the student record.
• Consult with relevant school personnel (which may include the principal, curriculum director, teacher, etc.) to review the parental challenge, the contested curriculum, the objectives of the curriculum, and the coordination and any burden of permitting an opt out or alternative assignment(s).
  
• If an opt-out is determined appropriate and reasonable, prepare alternative assignment(s) for the student. Document actions taken in the student record. If an opt-out is not determined appropriate or reasonable, document the rationale for that determination and include that documentation in the student record.
  
• Consult legal counsel before responding to any parental challenge to curriculum on religious grounds that is broader than a request to opt out.
• Include the school’s opt-out policy in the student and employee handbooks.

Please reach out to K&B Education Team attorneys Bettina Toner (btoner@kb-law.com) and Eric Jordan with any questions or requests you may have regarding parental challenges to public school curriculum or assistance with the development of relevant opt-out policies and procedures.

Krokidas & Bluestein LLP's Education Law Practice provides a full array of advice and guidance to charter schools and other education entities on a wide range of legal matters including student discipline, special education, employment, governance, tax, regulatory and compliance matters, real estate, financing, and litigation.

[1] Mahmoud et al. v. Taylor et al., 606 U.S.       (2025).
[2] 603 CMR 26.05(1).
[3] Office of the Commissioner of the Massachusetts Department of Elementary and Secondary Education, Supporting All Students, Including LGBTQ Students, (February 11, 2025).