RATIONAL BASIS TEST

Mahmoud v. Taylor

Issues

Does a public school burden a family’s religious exercise when it requires elementary school children to participate in instruction on gender and sexuality, against the family’s religious convictions, without notice or opportunity to opt out?

This case asks whether a public school violates the Free Exercise Clause when it includes books containing LGBTQ characters in its curriculum and does not allow families to exempt their children’s exposure to such books on religious grounds. Petitioners argue that their children’s exposure to books that contain LGBTQ characters and themes burdens their religious exercise and that their claims should be examined under strict scrutiny, a rigorous standard of review. Respondents counter that free exercise claims must be supported by evidence of coercion, not mere exposure to ideas that go against one’s religion, and that their actions need only meet a rational basis standard of review. This case holds major implications for the future of LGBTQ education and the scope of religious and parental rights.

Questions as Framed for the Court by the Parties

Whether public schools burden parents’ religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents’ religious convictions and without notice or opportunity to opt out.

The Free Exercise Clause of the First Amendment states that “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof.” Mahmoud v.

Acknowledgments

The authors would like to thank Professor Nelson Tebbe for his guidance and insights into this case.

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