WASHINGTON, D.C. – Today, the U.S. Supreme Court issued a decision in Mahmoud v. Taylor, a case challenging a Montgomery County Public Schools (MCPS) policy that required grade school children to participate in radical gender identity and sexuality indoctrination. MCPS had previously allowed parents to opt their children out of this indoctrination, but later stripped them of that right. The parents sued to protect their rights, and America First Legal (AFL), in conjunction with Christopher Mills, filed an amicus brief supporting them in this case.
This comes on the heels of AFL’s recent announcement of a six-figure settlement agreement between its clients and MCPS—which also stemmed from opposition to the radical policies MCPS was pursuing.
In its brief, AFL argued:
- Education about sexuality and gender identity has no historical basis in the American public education system, and such “curriculum” deserves no deference by the federal courts.
- MCPS violates statutory and constitutional requirements by prohibiting parental notice and opt-out rights, which were previously available but removed by MCPS and were always generally available for the traditional “sex-ed” teachings.
- MCPS wrongfully exposes young students to highly controversial sex and gender identity indoctrination, promoting disputed opinions as fact without allowing discussion or acknowledging dissent and disagreement. Courts should not shrink from vindicating the individual rights of parents guaranteed by the Constitution.
This was AFL’s second amicus brief in this case, as AFL also proudly supported the petitioners at the certiorari stage.
Today, the Supreme Court sided with America First Legal’s position, granting relief to the parents, holding that they “have shown that they are entitled to a preliminary injunction. A government burdens the religious exercise of parents when it requires them to submit their children to instruction that poses ‘a very real threat of undermining’ the religious beliefs and practices that the parents wish to instill. And a government cannot condition the benefit of free public education on parents’ acceptance of such instruction.”
Writing separately, Justice Clarence Thomas largely echoed AFL’s arguments, noting that gender identity teachings are a recent development lacking any history, where public school teaching “seldom extended beyond the elementary subjects.” His opinion also emphasized AFL’s arguments that banning opt-outs further infringed on the parents’ rights.
Statement from Ian Prior, America First Legal Senior Counsel:
“Today’s decision is a monumental step forward in the preservation of parents’ right to direct the health, welfare, and education of their children. After decades of far-left, woke bureaucratic encroachment on the core constitutional right, the tide is turning. America First Legal is proud to have stood with the parents in this case, and we look forward to continuing this fight for parents in every corner of the United States of America,” said Ian Prior.
Read the full decision here.
Read AFL’s amicus briefs here and here.
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