Mahmoud v. Taylor

Brief Filed: 4/25
Court: U.S. Supreme Court
Year of Decision: 2025

Read full-text amicus brief (PDF, 265KB)opens in new window

Whether all, but LGBTQ+ students in particular, benefit from an inclusive school environment.

Sexual Orientation – General (Discrimination)

This case involves a challenge to a Montgomery County, Maryland elementary school's “Pride Storybooks” program, which includes books featuring LGBTQ+ characters and themes as part of the curriculum. Petitioners Tamer Mahmoud and other parents sought to opt their children out of this program, citing religious objections to the content. The school district denied their request, maintaining that the curriculum promotes respect and inclusion for all students. One of the books referenced by Petitioners is Jacob's Room to Choose, which is published under APA’s publishing imprint. The book was written after one of the authors’ six-year-old son was assaulted in a bathroom by another child who didn’t understand his presence there because of his hair and clothes. The parents filed suit, claiming the school’s refusal to allow opt-outs violated their First Amendment rights to free exercise of religion and their Fourteenth Amendment rights to direct the upbringing of their children. The Fourth Circuit Court of Appeals ruled in favor of the school district, and Petitioners appealed to the Supreme Court, which granted certiorari to address whether parents have a constitutional right to opt their children out of school curricula that conflicts with their religious beliefs.

A substantial body of research indicates that inclusive instructional materials that acknowledge LGBTQ+ people and stories as part of the general curriculum reduce student victimization in schools and ameliorate associated mental health issues for student populations. As the largest professional association of psychologists in the United States, the APA is deeply concerned about the mental health effects on students of limiting instruction using books that feature LGBTQ+ characters.

On June 27, 2025, the Supreme Court reversed the Fourth Circuit, holding that parents challenging the school board's policy are entitled to a preliminary injunction. The Court ruled that the board’s denial of parental notice and opt-outs for instruction involving LGBTQ+-inclusive storybooks unconstitutionally burdens the parents' right to the free exercise of their religion. The Court ordered the school board to provide advance notice and allow opt-outs for the instruction in question while the case proceeds. The Court did not cite APA's amicus brief, and the holding is contrary to the position APA advanced.