Opt Out Requirement after Mahmoud v. Taylor Supreme Court Ruling 

Parents: Ask Your District How They Will Comply

After a momentous parental rights victory handed down by the United States Supreme Court on Friday, June 27, 2025, parents should expect their local districts to allow opt outs concerning controversial instruction about sex and gender. 

Sarah Parshall Perry, Defending Education Vice President and Legal Fellow concisely states: “Storybooks like those at issue in Mahmoud convey normative messages on sex and gender, and those messages can and often do conflict with the religious beliefs of parents and their children. 

In Mahmoud, the Supreme Court applied its 1972 decision, Wisconsin v. Yoder, which held that parents have a right “to direct the religious upbringing of their children” and that this right can be infringed by laws that pose “a very real threat of undermining” the religious beliefs and practices that parents wish to instill in their children.

Last week’s ruling should act as a directive to every American school district: notify parents of controversial material, and provide them the opportunity to opt their children out – especially if you provide opt-outs for other curriculum or other reasons, but exclude opt-outs for religious objections.” 

Defending Education recommends parents send an email similar to the template below, to their districts over the summer to learn how their schools will adhere to the recent Supreme court decision. It is the right of religious parents to opt their children out of this type of sex and gender-focused curriculum – regardless of when and where it is introduced during the school day. 

Keep a copy of your email and any related communications from your district/school. Defending Education asks that you notify us if your district is not allowing an opt out.

This resource was developed with input and collaboration from Independent Women’s Network.

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Sample email. Please copy or edit.

Dear Superintendent X, School Board Members, Principal X, Assistant Principal X, Director of Student Services X, 

Based on our religious beliefs, and the June 27, 2025 Supreme Court ruling Mahmoud v. Taylor, I am hereby immediately opting out my children (add names)– from all LGBTQ+ related texts, surveys, and curricula lessons in their public schools, regardless of when that material is to be presented during the school day.

I am further exercising my right to opt out my children from mandatory preferred pronoun usage and shared-sex bathroom and locker room policies at their public schools, which are predicated on the district leadership’s beliefs about gender identity that run contrary to our religion and are a violation of both constitutional and statutory law.

I look forward to receiving communication from the district as to how you will implement the Mahmoud v. Taylor decision. Specifically, I look forward to learning about how and when you intend to be compliant with it and plan to alert parents about related changes to the district’s gender identity policies. I also look forward to learning about your plan to notify us about any upcoming LGBTQ+ lessons, including those on gender identity, before they are taught to our children in their public schools. Finally, I would also like to know what discipline will be applied if a teacher/principal/school does not honor this opt out request. 

Please confirm receipt of my request. My expectation is that my request be implemented on the first day of school. 

Sincerely,

Parent/Advocate/Guardian

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