{"id":26250,"date":"2025-10-06T15:42:10","date_gmt":"2025-10-06T15:42:10","guid":{"rendered":"https:\/\/naijaglobalnews.org\/?p=26250"},"modified":"2025-10-06T15:42:10","modified_gmt":"2025-10-06T15:42:10","slug":"mahmoud-v-taylor-is-a-chance-for-liberals-to-do-better","status":"publish","type":"post","link":"https:\/\/naijaglobalnews.org\/?p=26250","title":{"rendered":"Mahmoud v. Taylor Is a Chance for Liberals to Do Better"},"content":{"rendered":"<p>\n<\/p>\n<p class=\"ArticleParagraph_root__4mszW ArticleParagraph_dropcap__uIVzg\" data-flatplan-paragraph=\"true\" data-flatplan-dropcap=\"true\">W<span class=\"smallcaps\">hen the Supreme Court<\/span> handed down its opinion in <em>Mahmoud v. Taylor<\/em> this summer, liberal parents and advocates were understandably alarmed. The Court sided with the plaintiffs, parents from Montgomery County, Maryland, who wanted their young children excused from reading and discussing books on sexual orientation and gender identity. In so doing, it recognized a constitutional right to opt out of specific classroom content that conflicts with one\u2019s religious beliefs and imposed an obligation on school districts to proactively notify parents when such a conflict might occur in classroom instruction.<\/p>\n<p class=\"ArticleParagraph_root__4mszW\" data-flatplan-paragraph=\"true\">This new right will be burdensome to administer and opens the door to bad-faith attempts to abuse accommodation requests. But it\u2019s also an opportunity to recommit to public education\u2019s mission of serving all young people, including those whose religious beliefs are out of step with local culture. If public schools are to remain shared civic institutions, liberals must absorb a lesson: Inclusion cannot mean coercion, and pluralism\u2014when practiced seriously\u2014is not a dodge but a democratic ethic.<\/p>\n<p id=\"injected-recirculation-link-0\" class=\"ArticleRelatedContentLink_root__VYc9V\" data-view-action=\"view link - injected link - item 1\" data-event-element=\"injected link\" data-event-position=\"1\">David Brooks: Why do so many people think Trump is good?<\/p>\n<p class=\"ArticleParagraph_root__4mszW\" data-flatplan-paragraph=\"true\">The case began in 2022, when Montgomery County Public Schools introduced a set of storybooks in kindergarten through fifth grade to expand representation and prompt classroom conversations about gender identity and sexual orientation. At the time, MCPS granted a request from parents to be notified of the upcoming lessons and allowed to opt-out. But when more families than expected took advantage of the opt-out, MCPS in 2023 reversed course\u2014removing the notification policy and eliminating the possibility of accommodation for the parents\u2019 religious beliefs. Eliminating that accommodation was the wrong approach; it treated inclusion as something to be imposed rather than practiced through reciprocity.<\/p>\n<p class=\"ArticleParagraph_root__4mszW\" data-flatplan-paragraph=\"true\">Public schools have a special responsibility to serve all families. They must be places where LGBTQ students are affirmed and made to feel they belong, and places where families with deep religious convictions are made to feel they belong too. Both commitments are real, and navigating them requires care. Adding to curricula books that reflect LGBTQ identities is an important step toward inclusion, but pluralism requires more than prioritizing belonging for one group\u2014it calls for the generosity to accommodate those with different beliefs. This fall, when MCPS kept the books in its curriculum and also offered opt-outs, only 43 families selected that option\u2014in a district of more than 160,000 students. That\u2019s hardly a collapse of inclusion; it is a model of the democratic spirit that allows people from all over the world and of many faiths to learn to live together.<\/p>\n<p class=\"ArticleParagraph_root__4mszW ArticleParagraph_dropcap__uIVzg\" data-flatplan-paragraph=\"true\" data-flatplan-dropcap=\"true\">L<span class=\"smallcaps\">GBTQ advocates<\/span> have plenty reason to make policies that promote sensitivity. LGBTQ students face real and painful risks; many experience exclusion, hostility, and emotional distress\u2014both at school and elsewhere. A 2023 CDC survey found that only 46 percent of LGBTQ high schoolers felt connected at school. One in five had attempted suicide in the past year. These numbers convey an ongoing tragedy\u2014and they underscore the urgency of making schools safer, more welcoming, and more inclusive for every child.<\/p>\n<p class=\"ArticleParagraph_root__4mszW\" data-flatplan-paragraph=\"true\">I began my own career fighting for this very goal. As a trial attorney in the U.S. Department of Justice Civil Rights Division in 2000, I persuaded the attorney general to intervene in a case in which a school had failed to protect a student who was harassed for being perceived as gay. My advocacy led the United States to argue\u2014for the first time\u2014that such harassment constitutes sex discrimination rooted in gender stereotypes, a reasoning that was ultimately adopted by the Supreme Court in <em>Bostock v. Clayton County<\/em>, making employment discrimination against gay and trans people illegal under the Civil Rights Act of 1964.<\/p>\n<p id=\"injected-recirculation-link-1\" class=\"ArticleRelatedContentLink_root__VYc9V\" data-view-action=\"view link - injected link - item 2\" data-event-element=\"injected link\" data-event-position=\"2\">Aaron Tang: The simple principle that can fix American law<\/p>\n<p class=\"ArticleParagraph_root__4mszW\" data-flatplan-paragraph=\"true\">All students should experience a feeling of belonging in school. That feeling is foundational to the promise of America, to democracy, and to equal opportunity, and expanding classroom materials to include LGBTQ characters and families is part of making schools truly inclusive. But an injustice one group faces does not legitimate compelling others to participate in a lesson that fundamentally conflicts with their religious faith. Pluralism requires a deeper kind of reciprocity\u2014especially when an accommodation that families seek does not block others from making a different decision that\u2019s right for them.<\/p>\n<p class=\"ArticleParagraph_root__4mszW\" data-flatplan-paragraph=\"true\">When MCPS rescinded the opt-out, more than 1,000 MCPS parents petitioned the board to reinstate it. They were met with scorn. When the families eventually sued, they didn\u2019t ask for the books to be removed. They didn\u2019t try to cancel the curriculum. They asked to be allowed to excuse their own children from classroom instruction that they viewed as incompatible with their religious beliefs. Instead of honoring that request, the district dug in, portraying the parents\u2019 motives as intolerant\u2014one board member went so far as to describe the opt-out as \u201cjust telling that kid there is another reason to hate another person.\u201d<\/p>\n<p class=\"ArticleParagraph_root__4mszW\" data-flatplan-paragraph=\"true\">That accusation reveals a category error that some liberals make: treating pluralism as condoning prejudice. Allowing parents to opt their children out of a curriculum is not the same as endorsing the views that led them to that choice\u2014it\u2019s giving them freedom to have their own views, even when others disagree.<\/p>\n<p class=\"ArticleParagraph_root__4mszW\" data-flatplan-paragraph=\"true\">Some will see tension between <em>Mahmoud v. Taylor <\/em>and <em>Obergefell v. Hodges<\/em>, which guarantees marriage equality as a civil right. But these rulings fit together. <em>Obergefell<\/em> ensures that same-sex couples cannot be denied the freedom to marry because of others\u2019 religious objections. <em>Mahmoud<\/em> ensures that the state cannot force families to participate in instruction that contradicts their religious convictions. Both affirm the same pluralist principle: People should be free to live according to their conscience without enlisting government to impose unanimity.<\/p>\n<p class=\"ArticleParagraph_root__4mszW ArticleParagraph_dropcap__uIVzg\" data-flatplan-paragraph=\"true\" data-flatplan-dropcap=\"true\">I<span class=\"smallcaps\">n light of<\/span> the Court\u2019s decision, schools will now find themselves in an even tougher position, needing to notify parents of potentially controversial content and provide them with accommodations. Overburdened and under-resourced school systems may decide simply to avoid these situations, by self-censoring and avoiding any topics that might draw an objection. That is a dramatic expansion of First Amendment doctrine that will inevitably embroil federal judges in decisions previously made by educators and schools boards.<\/p>\n<p class=\"ArticleParagraph_root__4mszW\" data-flatplan-paragraph=\"true\">For generations, religious-accommodation requests operated through democratic processes: state statute, local policy, case-by-case deliberation. Now districts may face what\u2019s known as \u201cstrict scrutiny\u201d from the courts. Strict scrutiny is the most demanding constitutional standard, requiring defendants to demonstrate a compelling government interest for their policy and that a less restrictive alternative does not exist. The ruling reshapes the legal landscape for anyone seeking a religious accommodation: More demands will come; more decisions will be litigated rather than deliberated. This outcome should concern everyone who values locally responsive leadership, teacher autonomy, and the stability of public education.<\/p>\n<p class=\"ArticleParagraph_root__4mszW\" data-flatplan-paragraph=\"true\">School leaders must now navigate new legal exposure while also facing rising political pressures and eroding public trust. And this is happening in a moment when public education is already under immense strain: declining enrollment, engagement, and achievement; teacher shortages and low morale; increased privatization. The <em>Mahmoud<\/em> decision hands a significant win to those who seek to dismantle public education altogether. Protecting public education will require vigilance against bad-faith attacks.<\/p>\n<p class=\"ArticleParagraph_root__4mszW\" data-flatplan-paragraph=\"true\">But it also requires something more: a renewed commitment to building schools that are transparent, responsive, and capacious enough to accommodate America\u2019s multitudes. The path to defending public education does not lie in imposing ideological conformity but in cultivating public confidence through humility, openness, and pluralist accommodation.<\/p>\n<p class=\"ArticleParagraph_root__4mszW ArticleParagraph_dropcap__uIVzg\" data-flatplan-paragraph=\"true\" data-flatplan-dropcap=\"true\">O<span class=\"smallcaps\">ne of the quiet powers<\/span> of public education is that it brings together students from a huge variety of backgrounds and teaches them to live with difference\u2014not by erasing it but by navigating it with empathy and openness. In a pluralistic nation, that work requires more than majority rule. It requires mutual accommodation, shared norms, and the humility to serve people who profoundly disagree.<\/p>\n<p class=\"ArticleParagraph_root__4mszW\" data-flatplan-paragraph=\"true\">The work of learning to live together is getting harder\u2014not just in schools but also across society. Our political culture rewards outrage, mocks empathy, and treats compromise as weakness. In that climate, it\u2019s easy to let hostility harden our heart, seeing accommodation as capitulation rather than principle. The instinct to close ranks is understandable. But if those committed to justice abandon pluralism, public education will become another casualty in the campaign to divide and diminish us. Pluralism isn\u2019t a burden\u2014it\u2019s a civic responsibility.<\/p>\n<p id=\"injected-recirculation-link-2\" class=\"ArticleRelatedContentLink_root__VYc9V\" data-view-action=\"view link - injected link - item 3\" data-event-element=\"injected link\" data-event-position=\"3\">Michael Sokolove: When my teacher made me pray<\/p>\n<p class=\"ArticleParagraph_root__4mszW\" data-flatplan-paragraph=\"true\">School boards and superintendents should act now, before the next controversy erupts: Develop clear, consistent policies for religious-accommodation requests. Train teachers on how to handle opt-outs with dignity\u2014both for students who leave and those who stay. Create advisory committees that include diverse religious voices, not after conflicts arise but as part of ongoing curriculum development. And when accommodation requests come\u2014as they will\u2014ask \u201cHow can we accommodate this family while serving all students?\u201d rather than \u201cHow can we hold the line?\u201d In that spirit, Montgomery County has now rolled out what it calls a \u201crefrigerator curriculum\u201d\u2014a one-page summary to be displayed on a family\u2019s fridge door, sent to parents every nine weeks, describing upcoming lessons and flagging sensitive material\u2014an exemplary approach that advances transparency and parental engagement.<\/p>\n<p class=\"ArticleParagraph_root__4mszW\" data-flatplan-paragraph=\"true\">For those who care about LGBTQ inclusion, the path forward isn\u2019t to abandon that work but to pursue it with resolve and also compassion for those who disagree. Support districts that model generous accommodation alongside robust inclusion. Advocate for teacher training that prepares educators to navigate these moments gracefully. And when religious families seek exemptions, see it as an opportunity to demonstrate the pluralistic values America needs.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When the Supreme Court handed down its opinion in Mahmoud v. Taylor this summer, liberal parents and advocates were understandably alarmed. The Court sided with the plaintiffs, parents from Montgomery County, Maryland, who wanted their young children excused from reading and discussing books on sexual orientation and gender identity. In so doing, it recognized a<\/p>\n","protected":false},"author":1,"featured_media":26251,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[55],"tags":[2001,15779,851,3611],"class_list":{"0":"post-26250","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-social-issues","8":"tag-chance","9":"tag-liberals","10":"tag-mahmoud","11":"tag-taylor"},"_links":{"self":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts\/26250","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=26250"}],"version-history":[{"count":0,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts\/26250\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/media\/26251"}],"wp:attachment":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26250"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26250"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26250"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}