WILL Reacts to SCOTUS Parental Rights Ruling

New ruling presents opportunities for more parental rights litigation against school districts

The News: WILL released a statement praising the U.S. Supreme Court’s (SCOTUS) 6–3 ruling in Mahmoud v. Taylor—a landmark parental rights case that confirms parents’ ability to challenge school curricula and potentially other school policies and practices.

In its order, SCOTUS specifically stated that the Montgomery County Public Schools practices “unconstitutionally burden the parents’ religious exercise.” WILL believes this case will reshape the legal landscape in parental rights cases because the court’s new “standard” states that a school district policy that “substantially interferes with” or “undermines” the religious beliefs parents want to instill is subject to strict scrutiny.

The Quotes: WILL Deputy Counsel, Luke Berg, stated, “This landmark SCOTUS decision establishes clear First Amendment protections for families to practice their faith and opt their kids out of school curriculum when it conflicts with their values. The fight is far from over and SCOTUS has now provided the foundation for parental rights cases to move forward in federal court.”

WILL Education Counsel, Cory Brewer, stated, “As part of our Restoring American Education Project, WILL is introducing new policies and guidance to help school districts comply with the precedent set in Mahmoud v. Taylor. The message to schools is clear: the Supreme Court has confirmed parents’ right to opt out of classroom instruction on religious grounds. We have long been committed to supporting families nationwide in defending their rights and freedoms, and this decision enhances our ability to do so.”

WILL’s Work on Parental Rights: WILL’s widely known for its work in parental rights, and this new ruling brings new opportunities to build on our past efforts.

In 2021, WILL issued a demand letter, on behalf of a group of concerned parents, to Elmbrook Schools urging immediate action to remove sexually explicit materials available through the district’s online library that violate state law and parents’ constitutional rights. At least three books and ebooks in the Elmbrook School system, which were until recently available to children as young as 3rd grade, feature graphic instructions on sex acts and the use of online sex apps. The books are still available to 6th graders.

WILL and Alliance Defending Freedom successfully sued the Kettle Moraine School District for supporting and affirming a minor student’s gender transition at school over the parents’ objection. Our clients’ daughter began to question her gender in December 2020, and, for a time, wanted to go by a male name and pronouns while at school. The parents communicated their decision to District staff, but the District refused to respect their decision—forcing them to withdraw her from the school. Just a few weeks later, their daughter realized her parents were right and expressed that the “affirmation” that she was a boy “really messed her up.” We expect a similar case to eventually reach SCOTUS.

New Guidance & Policies for Schools: Restoring American Education (RAE) is an initiative within WILL to engage parents, school board members, and teachers, with not just an understanding of these concerns and trends, but with solutions and resources available to them. As part of this effort, WILL provides school board members with model policies and legal resources on a variety of topics to implement in their district. Learn more at www.RestoringAmericanEducation.org.