Your rights are broadly protected by the US Constitution.
The United States Supreme Court in their June, 2025 Mahmoud v Taylor decision, clarified that parents can opt their children out of school materials that are hostile to the religious beliefs they are instilling in their children. Maybe even going so far as opt-outs for evolution class according to a careful analysis by Shipman & Goodwin attorneys. As many of you know, Shipman & Goodwin provides legal advice to many of Connecticut’s school boards. For a variety of reasons, it is difficult for a school board to buck their advice – though they certainly can.
According to Shipman & Goodwin’s esteemed Attorney Thomas B. Mooney’s “See You In Court” July 2025 blog post, while an exemption from evolution instruction may not be granted, a sincere request can be made by a devout family using Mahmoud as a basis. And, in accordance with the Mahmoud decision, school officials “must now consider such requests carefully and weigh the factors the Court identified to decide whether the instruction in question burdens religious exercise, and, if so, whether there are reasonable alternatives to requiring that students participate in such instruction, such as excusal.”
The opportunity for opting out of objectionable material is broad.
If a request to excuse children from instruction on evolution must be seriously considered, it follows that there are other broad categories and topics that a child actually could be excused. It is entirely reasonable, based on these analyses, for a concerned family to be liberal with their opt-out requests. They may seek and receive exemption from many materials, including transgender-normative storybooks which were the subject of the suit.
These legal issues are fact intensive (meaning consideration and implementation will vary by school), but the Court ruled favorably (6 to 3) that it is a person’s Constitutional right to pursue and receive an opt-out if, in part, they sincerely believe that any school material (including library books – I would argue) will “undermin[e] the religious beliefs and practices the parent wishes instill in the child.” See California Dept. of Education analysis summarizing Mahmoud for implementation purposes.
Opt-out requests are free, involve low risk and high possible reward.
In a previous blog post, I outlined various opt-out requests that can be adapted to Connecticut and your own school board. Opt-outs don’t have to be fancy or formal. Just clearly identify the material your child shall be excused and submit it to the Board of Education, Superintendent and local school administrators and your child’s teacher – email is ok. Always ask for correspondence to be in writing and do not agree to phone calls or in person meetings to discuss this topic. A record must be kept.
Attorney Mooney’s advice uses what some might consider an extreme example (evolution) in order to be provocative, but it is based on rationales in the decision. His point that school boards must seriously consider such requests is supported by other local legal analyses. The state of California, a bastion of liberal policies, has issued similar guidance to their school boards. They recommend school boards identify material that could be considered objectionable in preparation for providing opt-outs to families. In particular, they advise that a school should devise a plan, and “may be required to notify parents of the plan and provide parents with an opportunity to opt out on behalf of their students” and should also “determine what policies or materials require a Mahmoud notice and opt out process, and how to implement such a process.”
This is a huge victory for parents, but it does require some vigilance and preparation. The Family Institute of Connecticut is here to help parents and churches protect their religious liberty and to educate the public and policy makers on the importance thereof. We are truly blessed here in Connecticut with strong religious liberty protections and this Supreme Court decision ensures our Connecticut schools continue to respect the right of parents to instill their values in their children.
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