Can parents say no to LGBTQ+ books in public schools?

Over the Past several years, legislation regarding the Parental Bill of Rights has been introduced in numerous states. This legislation outlines a list of legal rights parents have regarding their child’s education, including access to school policies and parental consent for school activities, including health examinations and specific curriculum content. Since 2022, 26 states have introduced 85 new parental rights bills, with six of these bills being signed into law (Giles, C., University of Cincinnati Law Review, Vol. 92, No. 4, 2024)opens in new window.

Many of these new laws are aimed at preventing discussion about sexual orientation and gender identities in school. The Florida Parental Rights in Education Act, commonly known as the “Don’t Say Gay” bill, was signed into law in March 2022 and asserted that curricular instruction by schools that includes sexual orientation or gender identity cannot occur before the third grade. In 2023, researchers examined the concerns of LGBTQ+ parents regarding the legislation, and more than three-quarters of their sample expressed concern about the bill’s effects on their families (Goldberg, A. E., & Abreu, R., Family Relations, Vol. 73, No. 1, 2024).opens in new window

In January, the U.S. Supreme Court agreed to hear Mahmoud v. Taylor, regarding First Amendment rights of parents to opt out of LGBTQ+-inclusive curriculum in public schools. Parents in Montgomery County, Maryland, sued the school district for including storybooks with LGBTQ+ themes in an English Language Arts curriculum, arguing they were not allowed to opt their children out. One book at the center of the debate is Jacob’s Room to Choose, an APA Magination Press book by Sarah and Ian Hoffman, inspired by their son’s experience of being assaulted in a school bathroom. Because of parental rights legislation, the book is presently banned in several U.S. states and Malaysia.

The U.S. Court of Appeals for the 4th Circuit ruled against the plaintiffs. Judge Steven Agee noted there was no “evidentiary link showing that the Storybooks are being implemented in a way that directly or indirectly coerces the Parents or their children to believe or act contrary to their religious faith.”

In April, APA filed an amicus brief (PDF, 265KB)opens in new window summarizing research showing that LGBTQ+-inclusive curricula reduce student victimization and improve mental health. In 2015, researchers found that students in schools without LGBTQ+-inclusive curricula feel less safe and face more bullying (Snapp, S. D., et al., Sex Education, Vol. 15, No. 6, 2015)opens in new window. Further, anti-LGBTQ+ legislation may impact mental healthopens in new window by reinforcing structural stigma and censoring inclusive content that supports all families in public schools (Goldberg, A. E., et al., The Counseling Psychologist, Vol. 52, No. 2, 2024)opens in new window.

The Supreme Court heard arguments in late April, and on June 27, in a 6–3 decision, the court ruled in favor of the plaintiffs. This decision orders the school board to notify parents in advance when one of the storybooks at issue in the case will be used in classroom instruction, allowing parents to have their children excused from the instruction. The authors of these books issued a joint statementopens in new window noting, “We created our books for all children. We believe young people need to see themselves and families like theirs in the books they read; this is especially true for LGBTQ+ children and LGBTQ+ families. And all children need to learn how to share their classrooms and communities with people different from themselves. Books can help them understand one another and learn to treat each other with acceptance, kindness and respect.”