A year ago today, the United States Supreme Court issued its decision in Mahmoud v. Taylor, holding that a Maryland school district likely violated the First Amendment religious rights of some parents by failing to provide advance notice and the opportunity to opt their children out of LGBTQ+-inclusive storybooks included in curriculum.
While opponents of the freedom to read have tried to use this decision with broad brush, the decision — disappointing as it was — was limited in its reach. It focuses solely on advance notice and opt-outs from curriculum and instruction in K-12 classrooms. It does not require the removal of any books or courses. It also does not address other aspects of LGBTQ+ inclusion in public schools, such as policies regarding pronouns, bathrooms, or team sports. The decision is based on the First Amendment’s protections for the free exercise of religion and does not implicate a separate line of cases regarding parental rights under the Fourteenth Amendment.
Despite these limits, however, its impact has already been significant. Building off the decision, many allied right-wing groups have attempted to expand Mahmoud to apply broadly in other contexts—including to exempt families from public health requirements, undermine other inclusive policies and practices, and use public funds for religious ends. In March 2026, the Supreme Court added fuel to this fire by issuing a short, unsigned order in Mirabelli v. Bonta, citing Mahmoud and holding that a California policy against forcibly “outing” transgender students to their parents likely violated both the First and Fourteenth Amendments. Dozens of similar cases are now percolating across the country, with right-wing litigants frequently citing both Mahmoud and Mirabelli for support. Notably, however, the efforts to expand the scope of the decision have, for the most part, failed.
To understand how the Mahmoud decision has harmed children, families, and communities in the United States—and how its advocates have overreached in their extension of its application—Democracy Forward is compiling a report to examine the ongoing effort to expand Mahmoud well beyond the actual decision. Our experts will trace what Mahmoud held and what it left unaddressed; how the right-wing efforts to expand the decision have for the most part failed; and how the decision is nonetheless reshaping conduct outside the courtroom. Stay tuned for this dive into how this Supreme Court decision has already established harmful precedent around the country, how it has been manipulated to further the legislative goals of idealogues, and how we can work together to mitigate its harm in the future and to protect the rights of LGBTQ+ children and families.
Despite widespread attacks on inclusive policies and practices in the wake of Mahmoud, efforts to educate, include, and protect LGBTQ+ students remain both lawful and essential. The anniversary of this critical decision reminds us all that even after a disappointing decision from the nation’s highest court, the fight is not over.