Freedom to Read Project Response to the Supreme Court Ruling in Mahmoud v. Taylor

On June 26, 2025, the U.S. Supreme Court issued a decision in Mahmoud v. Taylor that will have far-reaching implications for all public school students and their families – especially those with ties to the LGBTQ+ community, and the future of public education in this country. At the heart of the case was the question of whether public schools were constitutionally required to honor parental opt-out requests for curriculum designed to promote inclusivity and understanding among K-5 students when their religious beliefs are in conflict with these anti-bullying initiatives. In a 6-3 ruling, the Court sided with the parents and vacated the lower court’s injunction, upholding what Justice Sotomayor, in her powerful dissent, called a "selective silencing" of queer identities under the guise of neutrality.

While the decision did not explicitly ban books or declare LGBTQ+ content unacceptable, its impact is unmistakable: it gives legal cover to policies that weaponize parental opt-outs in an attempt to erase entire identities from the classroom.

"The Court today permits state actors to justify content-based censorship by simply rebranding their discriminatory aims as accommodation," wrote Justice Sotomayor. "This is not neutrality; it is erasure."

Not About Options, About Erasure

Supporters of the ruling argue that it protects parental rights. But in truth, this case was never about giving families options. It was about using a rarely invoked process—parental opt-out—to make it more difficult for districts to include depictions of LGBTQ+ families in the curriculum and supplemental materials. The chilling nature of this decision also leaves a lot of unanswered, potentially costly questions for districts to figure out, as Justice Sotomayor points out in her dissent:

“If a student calls a classmate a "sinner" for not wearing a headcovering or coming out as gay, how can a teacher respond without "undermining" that child's religious beliefs? Can parents litigate the content of teacher responses and impose scripts or opt-out policies for everyday interactions designed to foster tolerance and civility? Again, the majority gives no guidance.”

Opt-out provisions were historically used for specific instances, like dedicated reproductive health and sex education lessons, that could be planned for and properly resourced to ensure accommodation. Now, they are being turned into a tool for selective segregation throughout the school day.

This ruling sets a dangerous precedent. If a school must hide entire identities from curriculum and resources for some students with a parental opt-out, what stops them from having to honor the same with books about race, religion, women’s rights, or immigration?

A Human Impact

Legal decisions like this are often talked about in abstract legal jargon. But Mahmoud v. Taylor is not theoretical. It affects real kids in real schools right now. It tells LGBTQ+ students: "Some people feel you do not belong here." It tells children with LGBTQ+ parents: "Your family is inappropriate to talk about in class." It tells children from religious backgrounds that are inclusive of LGBTQ+ people: “Your religion may be wrong for accepting people that live or identify differently.” And it sends a harmful message to the majority of parents who expect and support inclusive, welcoming classrooms for all students: that their children will see some of their classmates removed from the room rather than included in respectful learning.

Books are not just stories. They are mirrors, windows, and doors. They help young people understand themselves and the world around them. Denying access to these stories doesn't protect anyone; it harms the very students our public schools are meant to support.

The Broader Agenda

This case fits squarely within a broader campaign by right-wing extremists to impose a Christian nationalist worldview on public education. Dismantling public education, book bans, gag orders, attacks on LGBTQ+ rights, and censorship of race and history are all part of the same playbook: silence the voices that challenge their agenda, then rewrite the rules to make that silence permanent.

According to the EveryLibrary Institute’s Censorship Acceleration report, 72% of book challenges now originate from organized political groups, not parents. The decision in Mahmoud v. Taylor gives these groups a powerful new weapon. What’s more, it makes it nearly impossible for our public schools to exist. Again, we’ll quote Justice Sotomayor here:

“The Constitution thus does not “‘guarantee citizens a right entirely to avoid ideas with which they disagree.’” Id., at 589. Indeed, "[i]t would betray its own principles if it did," for "no robust democracy insulates its citizens from views that they might find novel or even inflammatory." Elk Grove Unified School Dist. v. Newdow, 542 U.S. 1, 44 (2004)” 

She goes on to say:

 “Yet for public schools to function, it is inescapable that some students will be exposed to ideas and concepts that their parents may find objectionable on religious grounds. Indeed, this Court has long recognized that reality. See Lee v. Weisman, 505 U. S. 577, 591 (1992) (observing students may be "exposed" or "subjected during the course of their educations to ideas deemed offensive and irreligious"). To presume that public schools must be free of all such exposure is to presume public schools out of existence.”

When the highest Court paves the way for a few parents to exploit a rarely used accommodation to encourage selective segregation of a whole group of people and ideas, it undermines the very underlying value of public education: to bring us together.

What We Deserve

We all deserve schools and libraries where every student can see themselves reflected and respected. Our children need an education that teaches truth, fosters empathy, and equips them to navigate a complex world where we all must peacefully exist.

Censorship does not create safety. It creates silence. And silence does not protect students; it isolates them.

Educators and librarians overwhelmingly support inclusive education and oppose censorship. Families across race, place, religious, and party lines want their kids to grow up in a country where they are free to be themselves and learn from each other.

We see through the lies of those who claim to speak for "parents" while representing a narrow, extremist agenda.

Where We Go From Here

This decision is a setback, but it is not the end. We are more determined than ever to:

• Protect students’ right to read books that reflect their identities and experiences.
• Oppose policies that enable the selective erasure of LGBTQ+ people.
• Push for legislation that defends inclusive public education.
• Call for structural reforms to a Supreme Court that no longer reflects the will of the people.

Supreme Court reform, including term limits and enforceable ethics rules, is supported across political lines. Americans understand that the Court, captured by billionaires and special interests, is undermining our democracy and civil liberties.

We Will Not Be Silent

Across the country, students, parents, educators, librarians, and authors are rising up to defend the freedom to read. From Florida to California, from small towns to big cities, we are building a movement that affirms every child’s right to be seen, heard, and valued.

As Justice Sotomayor wrote: "Our schools should be places of inclusion and understanding, not arenas for ideological warfare."

The Freedom to Read Project remains committed to that vision. And we will keep fighting until every reader has access to the books, the education, and the dignity they deserve.

What You Can Do Now

1. Join your School Advisory Council (SAC): Be a voice for inclusion where it counts. If your SAC reviews supplemental or library materials, advocate for resources that reflect all families and communities.

2. Help review instructional materials: Volunteer for curriculum review committees and champion materials that represent the diversity of students’ lives—ensuring LGBTQ+ families and others are visible in lessons about community and belonging.

3. Have conversations at home: Talk with your children about the importance of kindness, empathy, and creating classrooms where every student feels safe and valued. Help them understand why standing up for others matters.

4. Meet with school leaders: Schedule time with your school board members and superintendent to share why our public schools must resist efforts to censor and exclude. Acknowledge the complexities, but remind them that doing what is right for all students is rarely the easiest path—and yet it is the one our communities expect and deserve right now.

Together, we will reclaim our schools, our libraries, and our right to read. No exceptions.