How to OPT OUT Children from LGBTQ+ Curriculum in NM Schools

Sarah Smith
35 minutes ago
2 min read

Dear New Mexicans,

A few months ago, the US Supreme Court issued a landmark decision reaffirming that parents have a constitutional right to control the religious upbringing of their children, even when their children attend a public school. In Mahmoud v. Taylor, it was ruled that a Maryland school district violated the First Amendment by revoking parents’ ability to opt their children out of reading LGBTQ-themed books that conflicted with their religious beliefs.

The Court emphasized that parental rights do not end in schools. The ruling establishes a nationwide requirement: when public schools include instructional materials on controversial topics such as gender identity, they must accommodate families with sincere religious objections by offering and respecting an opt-out right to parents.

PLEASE SHARE this information with parents and grandparents in NM, so they will be informed on their rights to opt their children out from gender identity lessons at school.

Scroll below for information about:

Mahmoud v. Taylor Supreme Court decision
Two ways that parents can opt their kids out of gender identity curriculum and policies
Template for teachers to notify parents of sensitive topics in upcoming curriculum lessons and their right to opt-out

Mahmoud v. Taylor Supreme Court Decision

In Mahmoud v. Taylor, a group of parents from diverse religious backgrounds sued their school district for refusing to notify and allow parents to opt-out their children from reading LGBTQ+ books. The parents argued that the school's actions were a violation of the First Amendment right to free exercise of religion.

The school district argued that it would be difficult and disruptive to allow every child with a religious objection to opt out, placing a burden on teachers and disrupting the classroom environment.

The Supreme Court sided with the parents. Per the Supreme Court's decision, all public schools nationwide are required to allow parents to opt out of particular instructional materials and to notify the parents when the materials will be used in the classroom.

Resources for Learning More:

4-page Legal Explainer document about this case (from the Wisconsin Institute for Law and Liberty):https://will-law.org/wp-content/uploads/2025/10/No.-04-MAHMOUD-V.-TAYLOR-What-Does-it-Mean-for-Parents-of-Public-School-Children.pdf
Full 135-page legal ruling: https://www.supremecourt.gov/opinions/24pdf/24-297_4f14.pdf

*Images from one the books being challenged in Mahmoud v. Taylor*

How Parents Can Opt-Out

Here are two resources for parents who want to opt out their children from LGBTQ+ themed lessons at school.

Opt-Out form (from Defending Education): https://defendinged.org/resources/opt-out-requirement-after-mahmoud-v-taylor-supreme-court-ruling/
Opt-Out Form (from Wisconsin Institute for Law and Liberty): https://will-law.org/parents/

Template for Teachers to Notify Parents

Here is a template that teachers can use to notify parents of upcoming lessons that include LGBTQ+ themes (from Wisconsin Institute for Law and Liberty).