Statement from New York State Education Leaders on Supreme Court Decision in Mahmoud v. Taylor

“We express our disappointment in the Supreme Court’s recent decision in Mahmoud v. Taylor, which unnecessarily interjected the Court into a dispute over local school district curricula.

Mahmoud involved a challenge to fictional books containing LGBTQ+ characters.  The Montgomery County Public Schools in Maryland had approved the books as part of its English Language Arts curricula.  After receiving complaints from parents, the school district developed a procedure where parents could, upon request, opt their children out of these stories on religious grounds.  The board rescinded this procedure in 2023 due to logistical challenges and its subjection of LGBTQ+ students “to social stigma and isolation.”  Several parents then filed a lawsuit.  The Supreme Court found that the parents were likely to succeed on their claim that their religious beliefs supported a right to opt-out.

At the outset, we disagree with the framing of this case as a conflict between religious and LGBTQ+ people.  Our public schools serve families with varying beliefs; we do not believe religion and personal identity are a zero-sum game.  The majority opinion nevertheless endorsed this premise when it concluded that the books in question were “clearly designed to present certain values and beliefs as things to be celebrated and certain contrary values and beliefs as things to be rejected.”  The word “clearly” obscures the fact that the record contained no evidence of religious disparagement.  Exposure to ideas with which one disagrees is not coercion; it is the foundation of a pluralistic society and core to the mission of our public schools.

We respect the authority of the Supreme Court and will follow its precepts.  However, given Mahmoud’s award of temporary relief to a single school district, it has no effect on the fundamental values of our State, including:

1. Local Control: School districts in New York retain authority over curriculum design and instructional materials. Educators and school leaders are best positioned to select materials that reflect the diversity, dignity, and lived experiences of all students.
2. Embracing Equity, Access, and Opportunity: New York State remains committed to fostering safe, inclusive, and affirming learning environments. LGBTQ+ students and families must be welcomed, represented, and supported across all aspects of school life.
3. Respect for Religious Diversity: Our public education system respects the religious and cultural diversity of families. Districts are encouraged to maintain clear and transparent communication with families about curriculum and instructional materials.

The situation in Montgomery County highlights how communities can sometimes feel constrained by a limited view of what’s possible. We deeply respect and support a parent’s right to be involved in their child’s education. At the same time, we believe that removing books from curricula or implementing broad, blanket opt-outs can unintentionally restrict access to diverse perspectives and rich learning opportunities for all students. Our local educators and school leaders are uniquely positioned to move beyond binary thinking and foster inclusive solutions, ones that honor the dignity and voices of all students and families.”