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Religious Opt-Out

Mahmoud vs Taylor Supreme Court Ruling (2025)

In June 2025, the U.S. Supreme Court ruled in Mahmoud v. Taylor that parents have a constitutional right to direct their children’s religious upbringing and to seek exemption from school instruction that substantially interferes with their sincerely held religious beliefs.

Schools are now required to provide parents with prior notice when providing instruction that presents or supports LGBTQ+ concepts and/or gender identity and/or marriage and offer a clear, consistent opt-out process for religious exemptions. It is important to note that this ruling applies narrowly to families who have sincerely held religious beliefs that compel them to seek an exemption. Schools must continue to teach inclusive materials while ensuring transparency and providing an appropriate opt-out process when sincerely held religious conflicts are cited.

What This Ruling Does Not Do

  • It does NOT ban or limit inclusive curriculum.

  • It does NOT require teachers to remove LGBTQ+ inclusive books from their classroom libraries.

  • It does NOT require librarians to remove LGBTQ+ inclusive books from their school libraries.

  •  It does NOT prohibit teaching about LGBTQ+ people, diverse families, or other historically

  • marginalized groups.

  • It does NOT allow parents to opt out based on vague, political and/or discriminatory objections like “I don’t want my child exposed to this.”

  • It does NOT nullify the FAIR Act, which mandates that LGBTQ+ historical figures must be included in History-Social Science curriculum K-12. However, prior notification is required. Find guidance on notification in the table below.

Santa Clara Unified School District values equity and inclusion and believes that all students deserve to see themselves in what they learn and have a sense of belonging in our classrooms. Our classrooms are rich with diverse and inclusive curriculum and our teachers create a learning environment where all students feel like they belong. Our inclusive culture is fully supported by the state of California’s Fair Act (2011), which requires that we teach an inclusive curriculum, and by our board-approved Equity Framework.

SCUSD teachers will use district-approved inclusive books this school year in our classrooms. Under the new Mahmoud v. Taylor Supreme Court Ruling, families who wish to opt their children out of any book or lesson due to a sincerely held religious belief must opt their child out of each specific book or lesson. Should you wish to submit a request for religious exemption(s), here is the list of Elementary Inclusive Curriculum and Secondary Inclusive Curriculum for each grade level, TK through twelfth grade. The exemption form must be filled out each year for the specific grade level your child is in and for each book/lesson for which you are requesting an exemption.

The form will be reviewed by District Office staff for thorough completion and then will be forwarded to your child’s principal and teacher. If the exception is granted, the teacher will provide an alternative assignment and your child will remain under the supervision of the teacher.

Together, we will ensure that our instruction remains both inclusive and compliant with legal requirements while honoring the values of equity and belonging that guide Santa Clara Unified School District.