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Constitutional Challenges › First Amendment › School Policies

Clark Hill PLC

U.S. Supreme Court endorses parental opt-out for LGBTQ+ curriculum

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On June 27, in a 6/3 majority decision in Mahmoud v Taylor, the United States Supreme Court ruled that a public school district violated parents’ constitutional right involving religious freedom by forcing their children to...more

Fox Rothschild LLP

Supreme Court Ruling on School Curriculum Puts Focus on Religious Opt Outs

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On the final day of its term, the U.S. Supreme Court ruled that public schools must accommodate parents’ religious objections to certain instructional materials — in this case, LGBTQ+-inclusive storybooks used in elementary...more

Miller Canfield

SCOTUS Rules Mandatory LGBTQ+ Curriculum Without Opt-Out Burdens Religious Freedom

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Can a public school require students to engage with materials that conflict with their parents’ religious beliefs without offering an opt-out? In Mahmoud v. Taylor, the U.S. Supreme Court enjoined the Montgomery County public...more

Kohrman Jackson & Krantz LLP

Ohio Senate Bill 206 Seeks to Expand School Discipline for Conduct on Social Media

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Ohio Senate Bill 206, (SB 206) introduced in 2024, calls for students who post threatening content on social media to be punished with expulsion from school for up to 180 days. The bill defines the proposed prohibited conduct...more

Miller Nash LLP

Veritas Means Truth: The Ninth Circuit Affirms Oregon’s Restriction on Unauthorized Recordings

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On Tuesday, January 7, 2025, the Ninth Circuit upheld Oregon’s conversational privacy statute as constitutional, finding that Oregonians have an interest in knowing when in-person conversations are recorded and that these...more

Fisher Phillips

Federal Court Blocks Sweeping Title IX Rule for Schools Nationwide: How Your School Can Approach the Changes

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A federal court just blocked the sweeping Title IX rule finalized by the Biden administration last year – effectively wiping the entire rule off the books for all schools nationwide. Prior to Thursday’s ruling, schools across...more

Jackson Lewis P.C.

What Schools Need to Know After Court Vacates Title IX Regulations Nationally

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The Biden Administration’s April 2024 changes to Title IX regulations were struck down in a court ruling that applies nationwide. State of Tennessee v. Cardona, No. 2: 24-072-DCR (E.D. Ky. Jan. 9, 2025). The Kentucky federal...more

Shipman & Goodwin LLP

2024 Title IX Regulations Are Likely Vacated

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Last year was a turbulent one for Title IX, and although we are just a few days into 2025, this turbulence has persisted into the new year. Yesterday, January 9, 2025, a federal district court in Kentucky issued a ruling that...more

Holland & Knight LLP

Religious Institutions Update: January 2019 - Lex Est Sanctio Sancta

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Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more

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