Mahmoud v. Taylor: A New Standard For Religious Accommodation In Public Schools
Document Type
Book Chapter
Publication Date
2026
Published In
SCOTUS 2025
Abstract
The Roberts Court, which has been increasingly protective of the free exercise claims of religious adherents, took another major step in that direction in Mahmoud v. Taylor. It expanded the requirement that public schools accommodate parents who assert the right to direct the religious upbringing of their children according to the sincerely held tenets of their faith. Placing heavy emphasis on Wisconsin v. Yoder (1972), the Court concluded that when school board policies place a burden on religious exercise, strict scrutiny applies whether or not the policy is neutral and of general applicabity. Parents have to be able to opt out of lessons using books that the Montgomery County, Maryland Board of Education deemed "LGBTQ+-inclusive," despite the fact that Maryland's antidiscrimination statute bars harassment and bullying on the basis of gender identity in public schools. Mahmoud is more protective of free exercise than most prior decisions and may ultimately be read quite expansively.
Published By
Palgrave Macmillan
Editor(s)
H. Schweber
Recommended Citation
Carol Nackenoff.
(2026).
"Mahmoud v. Taylor: A New Standard For Religious Accommodation In Public Schools".
SCOTUS 2025.
121-128.
DOI: 10.1007/978-3-032-10231-7_12
https://works.swarthmore.edu/fac-poli-sci/775