OAKLAND, Calif. – The Office of the Attorney General said Friday that California will keep its pages open to inclusive education, even as the U.S. Supreme Court closed the chapter on a lower court ruling in Mahmoud v. Taylor, according to a press release from the California Department of Justice.
The case arose when the district inserted storybooks celebrating LGBTQ+ identities into kindergarten through fifth-grade classrooms. Parents had initially been able to opt their children out of those lessons.
In March 2023, the district ended that option, citing concerns about disruption and the risk that exempting students would lead to ostracism.
Muslim, Catholic, Ukrainian Orthodox and other parents objected, arguing the books, which addressed themes such as same-sex marriage and gender identity, conflicted with the moral teachings they were instilling at home.
The Office of the Attorney General noted that in April 2025, it filed an amicus brief urging the high court to uphold the Fourth Circuit’s decision. It argued that Montgomery County’s decision to include LGBTQ+-inclusive books in its curriculum was within the authority of state and local governments and did not violate the free exercise of religion.
The Office acknowledged that the Supreme Court ruled the district’s introduction of LGBTQ+-inclusive books, combined with its refusal to allow parents to opt out, burdened the right to free religious exercise.
It also observed that the court found the no-opt-out policy was not narrowly tailored to the district’s goals of maintaining classroom order and protecting students from social stigma and isolation.
According to the Office of the Attorney General and Attorney General Rob Bonta, the California Department of Justice remains committed to defending and upholding the rights of LGBTQ+ students and ensuring that schools foster environments grounded in respect, understanding and inclusivity.
The Office stressed the importance of affirming and protecting the rights of all students, especially the most vulnerable. To reflect the full diversity of the student population, its curriculum aims to foster an environment where every student feels seen, supported and empowered to succeed.
The Office stated that California will continue to be a place of inclusivity, diversity and belonging.
Bonta, who had submitted an amicus brief supporting the district, expressed disappointment with the ruling but said California would keep its book open on inclusive education. He said that as challenges accumulate nationwide, the state would continue to support classrooms where every child can see themselves.
The Supreme Court’s decision creates a new window of opportunity in the debate over what schools can teach in inclusive texts and when parental rights come into play. Montgomery County, at least for now, will have to give parents advance notice when LGBTQ+-inclusive books are used and offer them a chance to opt their children out.
