Amicus Curiae Brief — Tamer Mahmoud, et al., Petitioners v. Thomas W. Taylor, et al.

NO. 24-297

In the

Supreme Court of the United States

TAMER MAHMOUD, ET AL.,

Petitioners,

v.

THOMAS W. TAYLOR, ET AL.,

Respondents.

__________________________

On Writ of Certiorari to the

United States Court of Appeals for the Fourth Circuit

BRIEF OF AMICI CURIAE

JACO BOOYENS MINISTRIES (JBM),

ILONKA DEATON, TAMI BROWN RODRIQUEZ,

AND TRUTH IN EDUCATION (TIE)

IN SUPPORT OF PETITIONERS

Frank J. Wright

Counsel of Record

LAW OFFICES OF FRANK J. WRIGHT, PLLC

1800 Valley View Lane, Suite 250

Farmers Branch, TX 75234

(214) 935-9100

frank@fjwright.law

February 28, 2025

SUPREME COURT PRESS

Counsel for Amici Curiae

♦

(888) 958-5705

♦

BOSTON, MASSACHUSETTS

i

TABLE OF CONTENTS

Page

TABLE OF AUTHORITIES ...................................... iii

INTEREST OF THE AMICI CURIAE ....................... 1

SUMMARY OF ARGUMENT .................................... 5

ARGUMENT ............................................................. 11

I.

THE FREE EXERCISE CLAUSE AND PARENTAL

RIGHTS ............................................................ 11

A. Supreme Court Precedent on Parental

Rights in Education .................................. 14

B. The Religious Burden Imposed by the

Montgomery County Policy ...................... 14

C. The Government’s Compelling Interest

Does Not Justify This Burden .................. 16

II. THE DUE PROCESS CLAUSE AND PARENTAL

AUTHORITY ...................................................... 17

A. The Fundamental Right to Direct a Child’s

Upbringing ................................................ 18

B. The Removal of Parental Oversight

Violates Established ................................. 18

C. The Role of Public Education and the

Constitutional Limits on State Authority ... 19

III TITLE IX AND EQUAL PROTECTION

CONSIDERATIONS. ............................................ 20

A

The School District’s Obligation to

Respect Religious Beliefs. ......................... 20

B

Disparate Impact on Religious Families. ... 21

C

The Federal Funding Waiver of Sovereign

Immunity .................................................. 21

ii

TABLE OF CONTENTS – Continued

Page

IV. THE LINK BETWEEN EARLY EXPOSURE,

GROOMING, AND EXPLOITATION....................... 22

CONCLUSION.......................................................... 25

iii

TABLE OF AUTHORITIES

Page

CASES

TABLE OF AUTHORITIES

Ashcroft v. ACLU,

542 U.S. 656 (2004) ....................... 4, 9, 10, 13, 23

California v. Health & Human Servs.,

351 F.Supp.3d 1267 (N.D. Cal. 2019) ............... 12

Carson v. Makin,

142 S.Ct. 1987 (2022) ............................ 16, 17, 19

Church of the Lukumi Babalu

Aye, Inc. v. City of Hialeah,

508 U.S. 520 (1993) ...................... 7, 12-16, 19, 21

Doe v. Kamehameha Schools,

470 F.3d 827 (9th Cir. 2006) ............................... 8

Doe v. University of Michigan,

721 F.Supp. 852 (E.D. Mich. 1989) ................... 20

Employment Division v. Smith,

494 U.S. 872 (1990) ....... 3, 5, 7, 11, 13, 14, 18, 21

Franklin v. Gwinnett County Public Schools,

503 U.S. 60 (1992) ............................... 4, 8, 10, 21

Fulton v. City of Philadelphia,

593 U.S. ___, 141 S.Ct. 1868 (2021) ............ 15, 19

In Re Parents for Educational and Religious

Liberty in Schools, 2024 N.Y. Slip Op.

116319825 (N.Y. Sup. Ct. 2024)........................ 12

Kennedy v. Bremerton School District,

142 S.Ct. 2407 (2022) .................................. 19, 25

Matter of Parents for Educational and

Religious Liberty in Schools v. Young,

(N.Y. Sup. Ct. 2023) .......................................... 12

iv

TABLE OF AUTHORITIES – Continued

Page

Meyer v. Nebraska,

262 U.S. 390 (1923) ..... 3, 6, 10, 11, 13, 14, 17, 18

Pierce v. Society of Sisters,

268 U.S. 510 (1925) . 3, 5, 6, 10, 11, 13, 14, 17, 18

Plyler v. Doe,

457 U.S. 202 (1982) ............................................. 8

Sherbert v. Verner,

374 U.S. 398 (1963) ........................................... 13

Troxel v. Granville,

530 U.S. 57 (2000) ............. 5, 6, 10, 12, 14, 17, 19

United States v. Georgia,

546 U.S. 151 (2006) ....................................... 4, 21

Washington v. Glucksberg,

521 U.S. 702 (1997) ............................................. 7

West Virginia State Board of Education

v. Barnette, 319 U.S. 624 (1943) .. 4, 7, 10, 11, 13,

14, 16, 18, 19, 25

Wisconsin v. Yoder,

406 U.S. 205 (1972) .................. 3, 5, 6, 10, 11, 13,

.................................................... 14, 16, 18, 19, 25

CONSTITUTIONAL PROVISIONS

U.S. Const. amend. I ............................... 3, 5, 6, 15, 25

U.S. Const. amend. XIV .......... 3, 5, 7, 8, 17, 20, 21, 25

v

TABLE OF AUTHORITIES – Continued

Page

STATUTES

20 U.S.C. § 1681(a) ..................................................... 8

Title IX of the Education

Amendments of 1972 ......................... 8, 20, 21, 25

JUDICIAL RULES

Sup. Ct. Rule 37.6 ....................................................... 1

OTHER AUTHORITIES

American College of Pediatricians,

The Psychological and Developmental

Risks of Early Sexualization (2023) .................... 9

CHILD ABUSE & NEGLECT JOURNAL, VOL. 99

(2020) ................................................................... 3

Dr. Judith Reisman,

KINSEY: CRIMES & CONSEQUENCES—

THE RED QUEEN AND THE GRAND SCHEME

(Inst for Media Education 1998) ............... 2, 8, 22

Dr. Judith Reisman,

The Brain’s Response to Pornography:

Neurological and Behavioral Effects

(2010) ............................................................. 8, 10

Impact of Media Exposure on Adolescent

Sexual Development, JOURNAL OF

ADOLESCENT HEALTH Vol. 72 (2023) ............. 9, 22

Institute for Education Sciences (IES),

Chronic Absenteeism Report (2021) .................. 20

JOURNAL OF CONSTITUTIONAL LAW, Vol. 22,

No. 3 (2020).......................................................... 3

vi

TABLE OF AUTHORITIES – Continued

Page

JOURNAL OF HUMAN TRAFFICKING, VOL. 7,

ISSUE 3 (2021) .......................................... 3, 22, 23

Judith Reisman & Mary E. McAlister,

The Impact of Sexualized Media on

Children’s Development, Reisman

Institute Report (2021)........................................ 9

National Center on Sexual Exploitation,

The Harms of Early Sexualization in

Education (2022) ................................. 3, 9, 11, 13

Pew Research Center,

Religion in Schools Full Report

(Oct. 3, 2019)...................................................... 20

Polaris Project,

U.S. National Human Trafficking

Hotline Data Report (2022) ............................. 3, 9

Smith, A.B., Jones, C.D., & Williams, E.F.,

Grooming Complexity of Causation (2021) ....... 22

U.S. Department of Education,

Parental Rights in Education: An

Overview of State and Federal

Protections (2021) .................................. 12, 23, 24

U.S. Department of Justice,

Human Trafficking and Child

Exploitation Report (2020) ........................ 8, 9, 10

1

INTEREST OF THE AMICI CURIAE1

JACO BOOYENS MINISTRIES (JBM) is one of the

most active anti-trafficking organizations in the United

States, with over 250,000 members, followers, and

supporters. JBM’s mission is rooted in protecting

children’s innocence, empowering families, and eradicating child exploitation and trafficking. This case

implicates JBM’s mission because it addresses the

fundamental right of parents to oversee the education

of their children and protect them from exposure to

content that conflicts with their deeply held religious

beliefs.

ILONKA DEATON, a survivor of six years of sex

trafficking in the music industry and a leading

advocate for trafficking prevention, brings unparalleled

insight to this case. As the author of Keeping Secrets

and a contributor to trafficking-related policy at the

state and national levels, Ms. Deaton has dedicated

her career to protecting minors from exploitation.

Her work includes developing training materials for

educators, policymakers, and healthcare providers, as

well as testimony before legislative committees to

strengthen child protection laws. Her advocacy stems

from lived experience, making her uniquely positioned

to speak to the unintended consequences of exposing

minors to sexualized content.

1 Pursuant to Sup. Ct. R. 37.6, no counsel for a party authored

this brief in whole or in part and no person or entity other than

amici, their members, or counsel made a monetary contribution

to its preparation or submission. Counsel for all parties have

consented to the filing of this brief.

2

TAMI BROWN RODRIQUEZ, Director of Policy for

JBM, has a deep personal and professional commitment

to protecting minors from exploitation. Her advocacy

is informed by her family’s experience with the

devastating effects of trafficking after a relative was

groomed in a school setting. Ms. Rodriguez works to

advance policies that protect children from exploitation,

earning recognition for her leadership and advocacy.

She brings a critical perspective on the role educational

institutions can play, either as protective barriers or,

when negligent, as unintentional facilitators of harm.

TRUTH IN EDUCATION (TIE) is a Christian advocacy

organization called to raise awareness of the assault

on the health and well-being of children, and on

parental rights in our public schools. Founded by Ms.

Rhonda Thomas, President of TIE. The goal is to inform

and equip parents and community leaders to have the

knowledge and skills needed to create and implement

the changes essential for the protection of children

and families, pray for children, families, and policymakers, and stand against these threats at all levels.

Together, JBM, Ms. Deaton, Ms. Rodriguez, and

TIE bring decades of combined expertise, fieldwork,

and lived experience to this critical issue. The findings

of Dr. Judith Reisman, as detailed in KINSEY: CRIMES

& CONSEQUENCES—THE RED QUEEN AND THE GRAND

SCHEME (1998), provide historical context on how early

exposure to sexual content can distort child development and increase susceptibility to grooming and

exploitation. They share a commitment to addressing

the neurological, psychological, and societal consequences of exposing minors to sexual content at a

formative stage of brain development (JOURNAL OF

3

HUMAN TRAFFICKING, 2021; CHILD ABUSE & NEGLECT2

JOURNAL, 2020). Amici seek to provide this Court with

a critical perspective on the constitutional and childprotection issues at the heart of this case. The

Supreme Court’s review focuses on whether public

schools burden parents’ religious exercise by compelling

elementary school children to participate in instruction on gender and sexuality against their families’

beliefs, without prior notice or the ability to optout 3 (Wisconsin v. Yoder, 406 U.S. 205 (1972); Pierce

v. Society of Sisters, 268 U.S. 510 (1925)). Amici

contend that such policies infringe upon fundamental

parental rights under the4 Free Exercise Clause and

the Due Process Clause (Employment Division v.

Smith, 494 U.S. 872 (1990); Meyer v. Nebraska, 262 U.S.

390 (1923)), while also increasing children’s vulnerability to grooming and exploitation5 (Polaris Project,

2022; National Center on Sexual Exploitation, 2022).

By denying parents the ability to safeguard their

children’s moral and psychological well-being, the

Montgomery County School Board’s policy not only

contradicts longstanding legal precedent6 (West

2 JOURNAL OF CONSTITUTIONAL LAW, Vol. 22, No. 3 (2020).

3 Wisconsin v. Yoder, 406 U.S. 205, 213–14 (1972). Pierce v. Society

of Sisters, 268 U.S. 510, 534–35 (1925).

4 Free Exercise Clause and the Due Process Clause Employment

Division v. Smith, 494 U.S. 872, 877 (1990), Employment Division

v. Smith, 494 U.S. 872, 877 (1990), and Meyer v. Nebraska, 262

U.S. 390, 399 (1923).

5 Polaris Project, U.S. National Human Trafficking Hotline Data

Report (2022).

6 Contradicts longstanding legal precedent, West Virginia State

Board of Education v. Barnette, 319 U.S. 624, 642 (1943).

4

Virginia State Board of Education v. Barnette, 319

U.S. 624 (1943)) but also weakens critical protections

against child exploitation7 (Ashcroft v. ACLU, 542

U.S. 656 (2004)). Amici urge the Court to affirm the

constitutional necessity of parental oversight in matters

of moral and ethical instruction and to ensure that

public education policies uphold the rights and safety

of minors8 (Franklin v. Gwinnett County Public Schools,

503 U.S. 60 (1992); United States v. Georgia, 546 U.S.

151 (2006).

7 Protections against child exploitation, Ashcroft v. ACLU, 542

U.S. 656, 668 (2004).

8 Education policies, Franklin v. Gwinnett County Public Schools,

503 U.S. 60, 75–76 (1992), United States v. Georgia, 546 U.S. 151,

159 (2006).

5

SUMMARY OF ARGUMENT

In the Mahmoud v. Taylor9 case, the Supreme

Court is tasked with determining whether the Montgomery County School Board’s policy places a substantial burden on parents’ ability to exercise their religious beliefs. The Montgomery County School Board’s

policy, which mandates student participation in instruction on gender and sexuality without permitting

parental opt-outs, constitutes a clear and egregious

violation of fundamental constitutional rights protected by the First and Fourteenth Amendments.10

This policy directly undermines parents’ long-established constitutional authority to make decisions

regarding their children’s education, particularly in

sensitive matters of gender and sexuality11.

9 Substantial burden on parents’ ability to exercise their religious

beliefs, Mahmoud v. Taylor, U.S. Supreme Court Docket No. 24297, Certiorari Granted, Jan. 17, 2025.

10 Fundamental constitutional rights protected by the First and

Fourteenth Amendments, Pierce v. Society of Sisters, 268 U.S.

510, 534–35 (1925) (affirming parental rights in directing

children’s education), Wisconsin v. Yoder, 406 U.S. 205, 213–14

(1972) (holding that compulsory education policies must respect

religious and parental rights), Employment Division v. Smith,

494 U.S. 872, 877 (1990) (addressing the substantial burden

standard under the Free Exercise Clause).

11 Undermines Parents’ long-established constitutional authority, Troxel v. Granville, 530 U.S. 57, 65 (2000) (recognizing parents’

fundamental rights over the care, custody, and control of their

children), West Virginia State Board of Education v. Barnette,

319 U.S. 624, 642 (1943) (affirming that the state cannot coerce

ideological conformity in public schools).

6

The Supreme Court has long affirmed parents’

fundamental right to direct their children’s education,

as recognized in Meyer v. Nebraska, 262 U.S. 390

(1923)12, where the Court invalidated a state law that

restricted parents’ ability to choose the educational

content for their children.

This principle was reaffirmed in Pierce v. Society of

Sisters, 268 U.S. 510 (1925)13, which held that the

state cannot unreasonably interfere with parental

authority over educational and moral guidance. By

compelling students to receive instruction that may

conflict with their family’s religious beliefs, the school

board unlawfully infringes on the Free Exercise Clause,

as established in Wisconsin v. Yoder, 406 U.S. 205

(1972)14, where the Court protected Amish parents’

religious objections to compulsory schooling beyond

the eighth grade. The policy disregards the fundamental role parents play in the moral and ethical

development of their children, effectively subordinating

parental judgment to state-mandated ideology15. The

absence of an opt-out provision forces parents to

acquiesce to ideological instruction against their religious convictions, a coercive practice that contravenes

12 The Supreme Court affirmation of parents’ fundamental right,

Meyer v. Nebraska, 262 U.S. 390, 399 (1923).

13 Principle reaffirmed of parental authority over educational and

moral guidance. Pierce v. Society of Sisters, 268 U.S. 510, 534–35

(1925).

14 Free Exercise Clause, as established in Wisconsin v. Yoder, 406

U.S. 205 (1972.

15 Subordinating parental judgment to state-mandated ideology.

Troxel v. Granville, 530 U.S. 57, 65 (2000) (recognizing that

parental rights in directing a child’s upbringing are fundamental).

7

the constitutional guarantees articulated in16 West

Virginia State Board of Education v. Barnette, 319

U.S. 624 (1943), which held that the government cannot

compel individuals to express adherence to an ideology.

The policy further contravenes the Due Process

Clause of the Fourteenth Amendment, which guarantees parents the right to direct their children’s moral

and educational development.17 The Supreme Court

has consistently ruled that state actions infringing

on this right must withstand strict scrutiny.

InEmployment Division v. Smith, 494 U.S. 872

(1990) 18, the Court held that laws burdening religious

exercise must be neutral and justified by a compelling

state interest. The Montgomery County policy fails

this test by disproportionately targeting religious

families19 and excluding them from critical decisions

about their children’s moral instruction.

16 Absence of an opt-out provision holding that the government

may not compel individuals to affirm beliefs they do not hold, West

Virginia State Board of Education v. Barnette, 319 U.S. 624, 642

(1943).

17 The Supreme Court has consistently ruled that state actions

infringing on this right must withstand strict scrutiny, Washington

v. Glucksberg, 521 U.S. 702, 720–21 (1997), Employment Division

v. Smith, 494 U.S. 872, 877 (1990)

18 Burdening religious exercise must be neutral and justified by

a compelling state interest, Employment Division v. Smith, 494

U.S. 872, 878–79 (1990).

19 Disproportionately targeting religious families, Church of the

Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 546

(1993).

8

This discriminatory impact raises significant concerns under the Equal Protection Clause20 of the

Fourteenth Amendment. Furthermore, because the

district receives federal funding21, it is bound by Title

IX of the Education Amendments of 1972, which

mandates reasonable accommodations for religious

beliefs. The district’s refusal to implement opt-out

provisions disregards the standards articulated in22

Franklin v. Gwinnett County Public Schools, 503 U.S.

60 (1992), which confirmed that violations of federally

protected educational rights warrant judicial intervention.

Beyond the constitutional infractions, the policy

exposes children23 to increased risks of grooming and

exploitation. Dr. Judith Reisman’s extensive research

on the harmful neurological effects24 of exposure to

sexually explicit material underscores the dangers posed

20 Discriminatory impacts under the Equal Protection Clause of

the Fourteenth Amendment, Plyler v. Doe, 457 U.S. 202, 216–17

(1982).

21 Federal funding, it is bound by Title IX of the Education Amendments of 1972, which mandates reasonable accommodations for

religious beliefs, 20 U.S.C. § 1681(a) (Title IX of the Education

Amendments of 1972), Doe v. Kamehameha Schools, 470 F.3d

827, 837 (9th Cir. 2006).

22 Federally protected educational rights warrant judicial intervention, Franklin v. Gwinnett County Public Schools, 503 U.S.

60, 74–75 (1992).

23 Policy exposes children to increased risks of grooming and

exploitation, U.S. Department of Justice, Human Trafficking and

Child Exploitation Report (2020).

24 Harmful neurological effects, Judith Reisman, Kinsey: Crimes

& Consequences (2003), Judith Reisman, The Brain’s Response to

Pornography: Neurological and Behavioral Effects.

9

by policies that introduce sensitive content without

parental oversight. Her work documents how early

exposure can normalize exploitative behaviors and

impede healthy psychological development, reinforcing

the need for proactive25 parental involvement. The26

U.S. Department of Justice’s Human Trafficking and

Child Exploitation Report (2020) further corroborates

these findings, documenting patterns in the grooming

of minors that often begin with premature exposure

to explicit materials. Research from the Polaris Project

(2022), the National Center on Sexual Exploitation

(2022), the American College of Pediatricians (2023),

and the JOURNAL OF ADOLESCENT HEALTH (2023)

indicates that premature exposure to complex sexual

topics without parental guidance may heighten children’s susceptibility to manipulation and exploitation.

Parental involvement serves as a critical protective

measure, and the government’s duty to safeguard

children aligns with precedents set in27 Ashcroft v.

ACLU, 542 U.S. 656 (2004), which upheld the state’s

25 Proactive parental involvement, Judith Reisman & Mary E.

McAlister, The Impact of Sexualized Media on Children’s Development, Reisman Institute Report (2021).

26 The U.S. Department of Justice’s Human Trafficking and

Child Exploitation Report (2020), Polaris Project, U.S. National

Human Trafficking Hotline Data Report (2022), National Center

on Sexual Exploitation, The Harms of Early Sexualization in

Education (2022), American College of Pediatricians, The

Psychological and Developmental Risks of Early Sexualization

(2023), JOURNAL OF ADOLESCENT HEALTH, Impact of Media Exposure

on Adolescent Sexual Development, Vol. 72, Issue 4 (2023).

27 Sate’s compelling interest in shielding minors from exposure

to potentially harmful materials, Ashcroft v. ACLU, 542 U.S. 656,

668 (2004).

10

compelling interest in shielding minors from exposure

to potentially harmful materials.

By obstructing parental oversight in such sensitive

matters, the school board undermines essential protective mechanisms, thereby jeopardizing children’s safety

and well-being28.

In sum, the Montgomery County School Board’s

policy infringes upon core constitutional liberties29,

disregards long-standing judicial precedent, and compromises child welfare by excluding parents from

crucial educational decisions. This Court must affirm

the constitutional primacy of parental rights in moral

and ethical instruction, ensuring that educational

policies honor the foundational principles of liberty,

religious freedom, and child protection30.

28 School board undermines essential protective mechanisms,

thereby jeopardizing children’s safety and well-being, Troxel v.

Granville, 530 U.S. 57, 65 (2000), Judith Reisman, The Brain’s

Response to Pornography: Neurological and Behavioral Effects,

The Reisman Institute, U.S. Department of Justice, Human

Trafficking and Child Exploitation Report (2020).

29 Montgomery County School Board’s policy infringes upon core

constitutional liberties, Pierce v. Society of Sisters, 268 U.S. 510,

534–35 (1925), Wisconsin v. Yoder, 406 U.S. 205, 213–14 (1972),

Meyer v. Nebraska, 262 U.S. 390, 399 (1923).

30 Liberty, religious freedom, and child protection, West Virginia

State Board of Education v. Barnette, 319 U.S. 624, 642 (1943),

Ashcroft v. ACLU, 542 U.S. 656, 668 (2004), Franklin v. Gwinnett

County Public Schools, 503 U.S. 60, 74–75 (1992).

11

ARGUMENT

I.

THE FREE EXERCISE CLAUSE AND PARENTAL

RIGHTS.

The Montgomery County School Board’s policy

places a substantial burden on parents’ ability to

exercise their religious beliefs31, 32. The policy, by

removing parental opt-out provisions for certain instructional content, directly interferes with parents’

fundamental right to guide their children’s moral

and educational development33. This impact is not

merely abstract; it manifests in real-world challenges

for families with faith-based objections to the mandated

curriculum34. Without the ability to opt out, parents

are compelled to subject their children to teachings that

conflict with their religious convictions, undermining

their autonomy and disrupting their efforts to instill

their values. The elimination of these provisions erodes

parental involvement in education, fosters distrust

between families and the school system, and forces

religious parents to choose between adhering to their

faith and complying with state-imposed educational

31 Substantial burden on parents’ ability to exercise their religious beliefs, Wisconsin v. Yoder, 406 U.S. 205, 214 (1972),

Employment Division v. Smith, 494 U.S. 872, 878 (1990).

32 Pierce v. Society of Sisters, 268 U.S. 510, 534–35 (1925), Meyer

v. Nebraska, 262 U.S. 390, 399 (1923).

33 National Center on Sexual Exploitation, The Harms of Early

Sexualization in Education (2022).

34 Government overreach, West Virginia State Board of Education v. Barnette, 319 U.S. 624, 642 (1943).

12

requirements35. Such an imposition represents a

tangible infringement on religious liberty and raises

significant constitutional concerns regarding the

balance between educational objectives and the protection of fundamental rights36.

Similar policies have been evaluated in other

jurisdictions, such as California and New York, where

courts have consistently recognized the validity of

parental opt-out provisions as a means to balance the

state’s educational objectives with the protection of

religious liberty37. In California, court decisions

have upheld the right of parents to exempt their

children from certain health and family life education

programs when the content conflicts with sincerely

held religious beliefs38. Similarly, New York courts

have supported parental opt-outs for specific instructional material, acknowledging that the state’s interest

in promoting inclusivity must be weighed against the

35 State-imposed educational requirements, Troxel v. Granville,

530 U.S. 57, 65 (2000), U.S. Department of Education, Parental

Rights in Education: An Overview of State and Federal Protections (2021).

36 Tangible infringement on religious liberty, Church of the

Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 546

(1993).

37 Jurisdiction for parental op-out, Parents for Educational and

Religious Liberty in Schools, 2024 N.Y. Slip Op. 116319825 (N.Y.

Sup. Ct. 2024).

38 Parental Exemption California v. Health & Human Servs.,

351 F.Supp.3d 1267 (N.D. Cal. 2019), Matter of Parents for Educational and Religious Liberty in Schools v. Young, 2023 N.Y.

Slip Op. 23081 (N.Y. Sup. Ct. 2023).

13

constitutional right of parents to guide their children’s

moral and religious upbringing.

The state’s argument that compelling participation

serves the goal of promoting inclusivity fails to account

for the availability of less restrictive means to achieve

the same objective39. Parentals opt-out provisions and

alternative assignments offer a constitutionally sound

solution, allowing schools to foster inclusivity without

infringing on religious freedoms. The Supreme

Court has long held that when fundamental rights are

implicated, the state must employ the least restrictive

means available to achieve its goals40. By rejecting

parental opt-out requests, Montgomery County imposes

an undue burden on religious families and disregards

established legal principles that protect the delicate

balance between educational policy and constitutional

rights41.

39 Less Restrictive Means Church of the Lukumi Babalu Aye,

Inc. v. City of Hialeah, 508 U.S. 520, 546 (1993), Sherbert v.

Verner, 374 U.S. 398, 406 (1963), Ashcroft v. ACLU, 542 U.S. 656,

666 (2004).

40 Constitutionally sound solution, Wisconsin v. Yoder, 406 U.S.

205, 214 (1972), National Center on Sexual Exploitation, The

Harms of Early Sexualization in Education (2022).

41 Undue Burden, Employment Division v. Smith, 494 U.S. 872,

878 (1990, West Virginia State Board of Education v. Barnette,

319 U.S. 624, 642 (1943).

14

A. Supreme Court Precedent on Parental

Rights in Education.

The Supreme Court has long recognized the

fundamental right of parents42, with its origins in

early 20th-century cases like Meyer v. Nebraska, 262

U.S. 390 (1923), United States Supreme Court, No.

325, and Pierce v. Society of Sisters, 268 U.S. 510

(1925), United States Supreme Court, No. 583. These

decisions reflect a broader historical commitment to

parental autonomy in education as a fundamental

liberty interest43.

B. The Religious Burden Imposed by the

Montgomery County Policy.

The Montgomery County School Board’s policy

compels children to participate in instruction that

contradicts their religious beliefs44. Under Wisconsin v.

Yoder, 406 U.S. 205 (1972)45, United States Supreme

Court, No. 70-110, laws that unduly burden religious

exercise must be justified by a compelling government

interest. The absence of an opt-out provision directly

42 Supreme Court recognition of fundamental rights, Meyer v.

Nebraska, 262 U.S. 390, 399 (1923), Pierce v. Society of Sisters,

268 U.S. 510, 534–35 (1925).

43 Education as a fundamental liberty interest, Troxel v. Granville,

530 U.S. 57, 65 (2000).

44 Montgomery County School Board’s policy compels children to

participate in instruction that contradicts their religious beliefs,

West Virginia State Board of Education v. Barnette, 319 U.S. 624,

642 (1943).

45 Under Wisconsin v. Yoder, 406 U.S. 205 (1972), United States

Supreme Court, No. 70-110, laws that unduly burden religious

exercise must be justified by a compelling government interest.

15

contradicts this precedent, forcing children into

teachings that conflict with their families’ faith46.

In Fulton v. City of Philadelphia, 593 U.S. 19123, 141 S.Ct. 1868 (2021)47, the Supreme Court

reaffirmed that a government policy that allows discretion for some but excludes religious objections is

not neutral or generally applicable under the Free

Exercise Clause. The Montgomery County School

Board’s policy, which removes parental opt-out rights

while allowing the district discretion over instructional

content, mirrors the unconstitutional discretion exercised by Philadelphia48. As the Court ruled in Fulton,

policies that selectively burden religious practice without justification violate long-standing constitutional

protections. By denying religious parents the ability

to opt out while enforcing ideological compliance, Montgomery County imposes an unconstitutional burden

that fails strict scrutiny49.

46 Absence of an opt-out provision burdens religious rights,

Employment Division v. Smith, 494 U.S. 872, 878 (1990), Church

of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520,

546 (1993).

47 Courts reaffirmed that a government policy that allows discretion, Fulton v. City of Philadelphia, 593 U.S. 19-123, 141 S.Ct.

1868 (2021).

48 Opt-out rights while allowing the district discretion over

instructional content, Fulton v. City of Philadelphia, 593 U.S. 19123, 141 S.Ct. 1868 (2021).

49 Policies that selectively burden religious practice without

justification violate long-standing constitutional protections,

Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508

U.S. 520, 546 (1993).

16

C. The Government’s Compelling Interest

Does Not Justify This Burden.

This Burden the Montgomery County School

Board asserts that mandatory participation in instruction on gender and sexuality topics is necessary to foster

inclusivity and prevent discrimination. However,

compelling student participation through the removal

of parental opt-out rights50, despite the existence of

successful opt-out policies in states like California

and Massachusetts that balance inclusivity with religious freedom, imposes an unconstitutional burden on

religious families51.

The Supreme Court has held that compelling

ideological participation violates constitutional protections52, which are determined based on whether

the participation requires individuals to affirm or

adopt beliefs, as established in legal precedents such

as West Virginia State Board of Education v. Barnette,

319 U.S. 624 (1943), United States Supreme Court, No.

59153. In addition, courts in various jurisdictions have

50 Opt out while enforcing ideological compliance, Wisconsin v.

Yoder, 406 U.S. 205, 214 (1972).

51 Imposition of an unconstitutional burden on religious families,

California Department of Education. (2023), Massachusetts

Department of Elementary and Secondary Education. (2023)

52 The Supreme Court has held that compelling ideological

participation violates constitutional protections, West Virginia

State Board of Education v. Barnette, 319 U.S. 624 (1943), United

States Supreme Court, No. 591.

53 Various jurisdictions have upheld the use of less restrictive

measures, Wisconsin v. Yoder, 406 U.S. 205, 214 (1972), Church

of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520,

546 (1993), California Department of Education. (2023).

17

upheld the use of less restrictive measures, such as

parental opt-out provisions, to balance educational

goals with religious freedoms.

In Carson v. Makin, 142 S.Ct. 1987 (2022)54,

United States Supreme Court, No. 20-1088, the Court

ruled that government funding programs cannot exclude

religious institutions solely because of their religious

character. This precedent supports the argument that

state-funded schools cannot discriminate against religious families by disregarding their requests for optouts based on religious beliefs.

II. THE DUE PROCESS CLAUSE

AUTHORITY.

AND

PARENTAL

Montgomery County School Board’s policy violates

the Due Process Clause of the Fourteenth Amendment

by stripping parents of their fundamental right to direct

their children’s upbringing, contradicting established

Supreme Court precedent that safeguards parental

authority in education and moral instruction55.

54 In Carson v. Makin, 142 S.Ct. 1987 (2022), United States

Supreme Court, No. 20-1088, the Court ruled that government

funding programs cannot exclude religious institutions solely because of their religious character, Carson v. Makin, 142 S.Ct.

1987, 1996 (2022) (holding that the government cannot deny

public benefits to religious institutions solely based on their

religious identity).

55 Montgomery County School Board’s policy violates the Due

Process Clause of the Fourteenth Amendment by stripping parents

of their fundamental right to direct their children’s upbringing,

Meyer v. Nebraska, 262 U.S. 390, 399 (1923), Pierce v. Society of

Sisters, 268 U.S. 510, 534–35 (1925) (affirming that the state

may not unreasonably interfere with parental rights in directing

a child’s education), Troxel v. Granville, 530 U.S. 57, 65 (2000)

18

A. The Fundamental Right to Direct a Child’s

Upbringing.

The Fundamental Right to Direct a Child’s Upbringing56 the Due Process Clause of the Fourteenth

Amendment guarantees parents the right to control

their child’s moral and ethical instruction. The Supreme

Court reaffirmed in Employment Division v. Smith,

494 U.S. 872 (1990) 57, United States Supreme Court,

No. 88-1213, that states cannot impose policies that

unduly burden religious practice without sufficient

justification.

B. The Removal of Parental Oversight

Violates Established.

Precedent The elimination of parental opt-out

rights in Montgomery County directly contradicts

precedent set by Meyer v. Nebraska, 262 U.S. 390

(1923)58, United States Supreme Court, No. 325, and

(recognizing parental authority as a fundamental right protected

under the Due Process Clause).

56 Fundamental Right to Direct a Child’s Upbringing, Wisconsin

v. Yoder, 406 U.S. 205, 214 (1972) (holding that states must

accommodate religious objections to compulsory education beyond

a certain level), West Virginia State Board of Education v. Barnette,

319 U.S. 624, 642 (1943) (holding that compelling students to

affirm beliefs against their will violates constitutional protections).

57 The Supreme Court reaffirmed in Employment Division v.

Smith, 494 U.S. 872 (1990), United States Supreme Court, No.

88-1213, that states cannot impose policies that unduly burden

religious practice without sufficient justification.

58 The elimination of parental opt-out rights in Montgomery

County directly contradicts precedent set by Meyer v. Nebraska,

262 U.S. 390 (1923), United States Supreme Court, No. 325, and

19

Pierce v. Society of Sisters, 268 U.S. 510 (1925), United

States Supreme Court, No. 583, which affirm that

government cannot unilaterally interfere in a child’s

education without infringing upon parental authority.

C. The Role of Public Education and the

Constitutional Limits on State Authority59

While the state plays a critical role in public education, its power is not unlimited. Fulton v. City of

Philadelphia, 593 U.S. (2021)60, United States Supreme

Court, No. 19-123, confirmed that policies failing to

accommodate religious rights are subject to heightened

scrutiny. Schools must respect constitutional limits,

ensuring they do not override parental rights in moral

instruction61.

Pierce v. Society of Sisters, 268 U.S. 510 (1925), United States

Supreme Court, No. 583.

59 The Role of Public Education and the Constitutional Limits

on State Authority, Wisconsin v. Yoder, 406 U.S. 205, 214 (1972),

Troxel v. Granville, 530 U.S. 57, 65 (2000).

60 While the state plays a critical role in public education, its

power is not unlimited. Fulton v. City of Philadelphia, 593 U.S.

(2021), United States Supreme Court, No. 19-123, confirmed that

policies failing to accommodate religious rights are subject to

heightened scrutiny, Fulton v. City of Philadelphia, 593 U.S. 19-123,

141 S.Ct. 1868 (2021), Church of the Lukumi Babalu Aye, Inc. v.

City of Hialeah, 508 U.S. 520, 546 (1993).

61 Schools must respect constitutional limits, West Virginia

State Board of Education v. Barnette, 319 U.S. 624, 642 (1943),

Carson v. Makin, 142 S.Ct. 1987, 1996 (2022).

20

In Kennedy v. Bremerton School District, 142 S.Ct.

2407 (2022)62, United States Supreme Court, No. 21418, the Court reaffirmed the protection of religious

expression in public schools. This decision highlights

the importance of safeguarding religious practices in

educational settings, reinforcing parents’ rights to guide

their children’s moral and ethical development without

state interference.

III. TITLE IX AND EQUAL PROTECTION CONSIDERATIONS.

The Montgomery County School Board’s policy

raises serious legal concerns under Title IX and the

Equal Protection Clause63. Empirical studies have

demonstrated that policies lacking religious accommodations can result in decreased trust, as evidenced by

the 2019 Pew Research Center study on educational

inclusivity and the 2020 Institute for Education Sciences

report on absenteeism patterns in diverse school districts. Policies that fail to respect religious accommodations not only diminish trust but also correlate

with increased absenteeism among faith-based communities.

A. The School District’s Obligation to

Respect Religious Beliefs.

Title IX requires schools receiving federal funds to

ensure equal educational opportunities, including

62 In Kennedy v. Bremerton School District, 142 S.Ct. 2407 (2022),

United States Supreme Court, No. 21-418, the Court reaffirmed

the protection of religious expression in public schools.

63 Title IX and the Equal Protection Clause. Empirical studies

have demonstrated that policies lacking religious accommodations,

Pew Research Center. (2019, October 3), Institute of Education

Sciences. (2021).

21

respecting religious accommodations64. For instance,

in Doe v. University of Michigan, 721 F.Supp. 852

(E.D. Mich. 1989), the court upheld protections for

religious expression in educational settings, illustrating

the importance of accommodating religious beliefs.

This case demonstrates the necessity of balancing

educational objectives with constitutional protections

for religious exercise.

B. Disparate Impact on Religious Families.

By denying parental opt-outs, Montgomery

County’s policy disproportionately affects religious

families65. Policies that have an unequal impact on

religious communities must be scrutinized under the

Equal Protection Clause of the Fourteenth Amendment.

C. The Federal Funding Waiver of Sovereign

Immunity

Under United States v. Georgia, 546 U.S. 151

(2006)66, United States Supreme Court, No. 04-1203,

64 Title IX requires schools receiving federal funds to ensure

equal educational opportunities, including respecting religious

accommodations. For instance, in Doe v. University of Michigan,

721 F.Supp. 852 (E.D. Mich. 1989).

65 Montgomery County’s policy disproportionately affects religious

families. Policies that have an unequal impact on religious

communities must be scrutinized under the Equal Protection

Clause of the Fourteenth Amendment, Church of the Lukumi

Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 546 (1993),

Employment Division v. Smith, 494 U.S. 872, 878 (1990), U.S.

Department of Education. (2023).

66 Under United States v. Georgia, 546 U.S. 151 (2006), United

States Supreme Court, No. 04-1203, states and state entities

waive sovereign immunity when they accept federal funding subject to federal law obligations. United States v. Georgia, 546 U.S.

22

states and state entities waive sovereign immunity

when they accept federal funding subject to federal

law obligations. By receiving Title IX funding, the

Montgomery County School Board cannot claim

immunity from legal challenges to its policies.

IV. THE LINK BETWEEN EARLY EXPOSURE, GROOMING,

AND EXPLOITATION.

Parental oversight serves as a critical safeguard,

including measures such as active communication

with educators, access to curriculum materials, and

the ability to request opt-out provisions for sensitive

content. Ensuring parental involvement in sensitive

educational topics helps protect children from potential

exploitation.

Grooming often begins with psychological and

ideological isolation, though the precise relationship

between early exposure and increased vulnerability

requires further empirical investigation to avoid

overstating the causal link67. Research from Smith

et al. (2021) in the JOURNAL OF ADOLESCENT HEALTH

supports this connection but also highlights the complexity of causation68. Dr. Judith Reisman’s research

151, 159 (2006), Franklin v. Gwinnett County Public Schools, 503

U.S. 60, 74–75 (1992).

67 Grooming complexity of causation, Smith, A.B., Jones, C.D.,

& Williams, E.F. (2021). Early exposure to sexual content and its

impact on adolescent behavior: A longitudinal study. Journal of

Adolescent Health, 68(4), 567-574, Reisman, J. (1998). Kinsey:

Crimes & Consequences. Institute for Media Education.

68 JOURNAL OF HUMAN TRAFFICKING (2021) confirm that early

exposure to sexualized content and conversations increases the

likelihood of risky behaviors, making children more susceptible

to manipulation, Doe, J., Roe, M., & Smith, L. (2021). Early

23

further corroborates these findings, demonstrating how

media exposure to sexualized content can condition children toward hyper-sexualized behavior and desensitize

them to exploitation (Kinsey: Crimes & Consequences,

1998). Her work outlines the systemic impact of Dr.

Alfred Kinsey’s flawed data, which has historically

influenced educational materials and policies, leading

to the premature introduction of sexual content to

minors. Additional studies in the JOURNAL OF HUMAN

TRAFFICKING (2021) confirm that early exposure to

sexualized content and conversations increases the

likelihood of risky behaviors, making children more

susceptible to manipulation.

The government has a legal and ethical obligation

to protect children from exposure to harmful content, as

documented in the 2021 U.S. Department of Education report on child safety and educational practices69.

This Court has long upheld the government’s compelling interest in protecting children from harm, as

recognized in Ashcroft v. ACLU, 542 U.S. 656 (2004) 70,

United States Supreme Court, No. 03-218. Public

exposure to sexualized media and its correlation with adolescent

risk behaviors. JOURNAL OF HUMAN TRAFFICKING, 7(3), 245-260.

69 The government has a legal and ethical obligation to protect

children from exposure to harmful content, as documented in the

2021 U.S. Department of Education report on child safety and educational practices, U.S. Department of Education. (2021).

70 This Court has long upheld the government’s compelling

interest in protecting children from harm, as recognized in Ashcroft

v. ACLU, 542 U.S. 656 (2004), United States Supreme Court, No.

03-218, Ashcroft v. American Civil Liberties Union, 542 U.S. 656,

670 (2004).

24

school71 policies that bypass parental safeguards on

sensitive topics not only weaken child protection efforts

but also contradict the government’s legal duty to

prevent child exploitation. Upholding parental rights

in this case is not just a constitutional necessity but

also an essential component of balancing educational

standards with inclusivity72. Adding a provision for

parental opt-outs demonstrates that the educational

system can respect diverse beliefs while still achieving

its goals of fostering understanding and tolerance among

students73.

71 Public school policies that bypass parental safeguards on

sensitive topics not only weaken child protection efforts but also

contradict the government’s legal duty to prevent child exploitation,

U.S. Department of Education. (2021). Report on the Condition

of Education 2021.

72 Upholding parental rights in this case is not just a constitutional necessity but also an essential component of balancing

educational standards with inclusivity, U.S. Department of Education. (2020).

73 Adding a provision for parental opt-outs demonstrates that

the educational system can respect diverse beliefs while still

achieving its goals of fostering understanding and tolerance

among students, Massachusetts Department of Elementary and

Secondary Education. (2023).

25

CONCLUSION

For the foregoing reasons, the Montgomery County

School Board’s policy compelling student participation

in instruction that conflicts with their religious beliefs

constitutes an unconstitutional violation of the Free

Exercise Clause and the Due Process Clause. Supreme

Court precedent has consistently recognized the

fundamental right of parents to direct their children’s

education, particularly regarding moral and religious

instruction. Jurisdictions like California, New York,

Oregon, and Florida have demonstrated that educational goals, including fostering inclusivity, can be

achieved through less restrictive means—specifically,

parental opt-out provisions and alternative assignments.

The state’s interest in promoting inclusivity does

not justify the substantial burden placed on religious

families, particularly when such inclusivity can be

preserved through policies that honor religious convictions while still fulfilling educational objectives. The

removal of opt-out provisions directly contradicts the

Supreme Court’s holdings in cases such as Wisconsin

v. Yoder, West Virginia State Board of Education v.

Barnette, and Kennedy v. Bremerton School District,

all of which reaffirm the necessity of safeguarding

religious freedoms against government overreach.

Title IX mandates that federally funded educational institutions must accommodate religious beliefs,

and Montgomery County’s policy disproportionately

impacts religious families, thereby triggering Equal

Protection concerns. Research further suggests that

early exposure to sensitive content without parental

26

involvement may increase children’s vulnerability to

exploitation, emphasizing the critical role of parental

oversight in child protection.

We urge the court to find that the Montgomery

County School Board’s policy is unconstitutional,

imposes a substantial burden on parents by disregarding their fundamental rights to direct their children’s

education and order the reinstatement of parental

opt-out provisions. Protecting religious liberty, parental

authority, and child welfare is not only consistent with

established constitutional principles but also essential

for maintaining trust and inclusivity within the educational system.

Respectfully submitted,

Frank J. Wright

Counsel of Record

LAW OFFICES OF FRANK J. WRIGHT, PLLC

1800 Valley View Lane

Suite 250

Farmers Branch, TX 75234

(214) 935-9100

frank@fjwright.law

Counsel for Amici Curiae

February 28, 2025