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 February 23, 2026

Montgomery County schools forced to pay $1.5 million after the Supreme Court upheld religious parents' right to opt out of LGBTQ curriculum

A court ordered the Montgomery County Board of Education in Maryland on Thursday to pay $1.5 million in damages to religious parents who fought all the way to the Supreme Court for the right to shield their young children from classroom materials that violated their faith. The school board agreed to the settlement.

The payout caps a legal battle that began in 2022, when one of Maryland's largest school districts decided it knew better than mothers and fathers what values their kids should absorb. It did not end well for the bureaucrats.

How a School District Picked a Fight It Couldn't Win

In 2022, the Montgomery County Board of Education announced new "inclusivity" books for K-5 students and simultaneously eliminated parental notice and opt-outs. Parents who objected on religious grounds were given no mechanism to remove their children from the instruction. The message was clear: sit down, comply, and let the district handle your child's moral formation.

A group of parents filed a lawsuit. In 2023, a federal court upheld a lower court decision siding with the school district, and the parents appealed to the Supreme Court.

Last summer, in a 6-3 decision, the Court ruled in their favor, and the new ruling enforces the earlier decision, according to Breitbart.

Justice Samuel Alito, writing for the majority, did not mince words:

"In the absence of an injunction, the parents will continue to be put to a choice: either risk their child's exposure to burdensome instruction, or pay substantial sums for alternative educational services."

That forced choice, Alito wrote, "unconstitutionally burdens the parents' religious exercise, and the loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury."

The books, in the Court's assessment, posed "a very real threat of undermining the religious beliefs that the parents wish to instill in their children" and worked to "impose upon children a set of values and beliefs that are hostile to their parents' religious beliefs." Alito also noted that the materials "exert upon children a psychological pressure to conform to their specific viewpoints."

Not optional enrichment. Not neutral education. Psychological pressure on elementary schoolers to adopt a worldview their parents rejected on religious grounds.

Thomas Puts Every School Board on Notice

Justice Clarence Thomas wrote a concurring opinion that carried a warning far beyond Montgomery County. He wrote specifically "to emphasize an important implication of this decision for schools across the country."

His concern was a tactic that administrators have quietly perfected: embedding contested material so deeply into the curriculum that extracting a child becomes functionally impossible. Thomas rejected that maneuver outright:

"The Board may not insulate itself from First Amendment liability by weaving religiously offensive material throughout its curriculum and thereby significantly increase the difficulty and complexity of remedying parents' constitutional injuries."

Thomas then spelled out exactly what was at stake if courts allowed that strategy to stand:

"Were it otherwise, the State could nullify parents' First Amendment rights simply by saturating public schools' core curricula with material that undermines family decisions in the area of religious training."

That passage should be pinned to the wall of every school board office in America. The strategy of burying ideology so deeply into lesson plans that parents cannot opt out without pulling their children entirely is not clever administration. According to the highest court in the land, it is constitutional evasion.

Thomas closed his concurrence by invoking the Founders directly, noting that the "Framers intended" for "free exercise of religion to flourish," and that courts should "carefully police such 'ingenious defiance of the Constitution' no less than they do in other contexts."

The Settlement Terms

Under the settlement, the board must now:

  • Provide parents with advance notice about curriculum involving family life and sexuality
  • Provide the option for parents to opt their children out of such instruction
  • Proactively report all curricular materials every quarter via systemwide communications and the district website

In other words, the things any school district that respects parental authority would have done from the beginning.

Montgomery County Public Schools, for its part, offered the kind of statement institutions produce when their lawyers have finished editing out anything resembling accountability:

"With the legal process concluded, our focus remains on the steps that we have taken to meet the Court's mandate. We have implemented proactive measures to ensure compliance and improve responsiveness."

No acknowledgment that they stripped parents of their rights. No recognition that their policy was ruled unconstitutional. Just forward-looking compliance language designed to make a $1.5 million loss sound like a process improvement.

The Larger Victory

Eric Baxter, senior counsel at Becket and lead attorney for the parents, framed the outcome in terms that should concern every school administrator who has treated parental objections as an inconvenience to manage rather than a constitutional right to honor:

"Public schools nationwide are on notice: running roughshod over parental rights and religious freedom isn't just illegal — it's costly."

Baxter also noted what was required of the families who brought this case forward. These were not political operatives or culture-war professionals. They were parents of elementary school children taking on a well-funded public school system and enduring years of litigation.

"It took tremendous courage for these parents to stand up to the School Board and take their case all the way to the Supreme Court. Their victory reshaped the law and ensured that generations of religious parents will be able to guide their children's upbringing according to their faith."

That is the part of this story that matters most. For years, parents across the country who raised concerns about what was being taught to their children were dismissed as bigots, told they were on the wrong side of history, or simply ignored by administrators who assumed the cultural current was running in their direction. Montgomery County bet that a federal court system would validate that assumption.

Six justices said otherwise. And now taxpayers in Montgomery County are covering the $1.5 million bill for a school board that thought the First Amendment was optional.

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