News & Analysis as of

LGBTQ Public Schools

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

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS wraps it up: Four lessons for employers

"Reverse discrimination," ADA, religion, and nationwide injunctions. The 2024-25 term of the U.S. Supreme Court is over. Two decisions at the end of the term directly addressed employment law issues, and two others will have...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

Carlton Fields

Top First Amendment Cases of the 2024-2025 Supreme Court Term

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The U.S. Supreme Court in its 2024–25 term continued to robustly protect religious liberty under the First Amendment but retreated from core First Amendment principles in two cases involving the internet....more

Pullman & Comley - School Law

U.S. Supreme Court Announces New Legal Standard for First Amendment Free Exercise Challenges to Curriculum and Instruction

In a 6-3 decision with the justices split along familiar ideological lines, the United States Supreme Court held on Friday, June 27, in Mahmoud v. Taylor, 606 U.S. ___ (2025) (Case No. 24-297)...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

Parker Poe Adams & Bernstein LLP

Supreme Court Upholds Parental Right to Opt Out of Certain School Curriculum on Religious Grounds

The U.S. Supreme Court ruled on Friday, June 27, that a Maryland school district’s decision to mandate instruction using LGBTQ+-inclusive storybooks, without offering notice or opt-outs to parents, violated the First...more

Cozen O'Connor

Broad Street Brief: City Council to Evaluate State of Higher Ed

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Last week, Mayor Cherelle Parker announced the appointment of Tyrell Brown as Director of LGBTQ+ Affairs, Andy Toy as Director of the Home Appraisal Program, Robin Torrance as Director of Pan Hellenic & HBCU Engagement, and...more

Montgomery McCracken

Challenge to State Regulatory Rules Offering Protections for LGBTQ+ Students Filed in Pennsylvania Commonwealth Court

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When we wrote in August about the impact of the Supreme Court’s Loper-Bright decision on the various federal district court rulings invalidating the Department of Education’s 2024 Title IX regulations, we reminded readers...more

Dentons

Iowa 2025 Legislative Session – Week 7

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Last week, Iowa Republicans fast-tracked legislation related to civil rights and gender identity in Iowa, and hundreds of protesters convened at the Capitol each day. New bills continued to be introduced ahead of the first...more

Parker Poe Adams & Bernstein LLP

How Executive Order on Transgender Athletes Impacts Educational Institutions

President Donald Trump last week took a major step to deliver on one of his top campaign promises: banning transgender athletes from participating in girls' or women’s sports....more

Shipman & Goodwin LLP

President Trump Issues Executive Order Entitled “Ending Radical Indoctrination in K-12 Schooling”

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On January 29, 2025, President Trump issued an executive order entitled “Ending Radical Indoctrination in K-12 Schooling.” Contending that students are being indoctrinated with “anti-American, subversive, harmful, and false...more

McGuireWoods LLP

New Executive Order Aims to End “Radical Indoctrination” in K-12 Schools

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In his first two weeks in office, President Donald Trump has issued several executive orders affecting educational institutions. One order, signed Jan. 29, 2025, “Ending Radical Indoctrination in K-12 Schooling,” targets...more

Parker Poe Adams & Bernstein LLP

What President Trump's Order on 'Ending Radical Indoctrination' Means for K-12 Schools

On January 29, 2025, President Trump signed an executive order entitled "Ending Radical Indoctrination in K-12 Schooling," aimed at dismantling the "radical, anti-American…echo chamber[s]" he contends public schools have...more

Spilman Thomas & Battle, PLLC

Ohio House Bill 8 – Parents’ Bill of Rights

Ohio recently passed House Bill 8, more commonly known and referred to as the “Parents’ Bill of Rights.” This Bill goes into effect on April 9, 2025. The Bill requires that no later than July 1, 2025, the Board of...more

Miller Nash LLP

New Executive Order Addressing “Radical Indoctrination in K-12 Schooling”: What School Leaders Need to Know

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On January 29, 2025, President Trump issued an Executive Order (“Order”) entitled “Ending Radical Indoctrination in K-12 Schooling.” The Order asserts that “schools indoctrinate children in radical, anti-American ideologies...more

Bricker Graydon LLP

Title IX Quick Hits for K-12

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The federal court decision from the Eastern District of Kentucky issued on January 9, 2025 officially vacated the 2024 Title IX regulations for schools located in Tennessee, Kentucky, Ohio, Indiana, Virginia, and West...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Care Insights, Issue 9, October 2024

Welcome to The Academic Advisor - our e-newsletter focused on education law insights. With Fall Break behind us and the race to end-of-term underway, we highlight the following topics of import for schools,...more

Benesch

Frozen at the Starting Line: Biden’s New Title IX Rules Blocked in Majority of States as Schools Torn Between Trump Initiatives...

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Twenty-six states filed litigation in courts nationwide to prevent the enactment of President Biden’s April 2024 revisions to the Title IX statute aimed at increasing protections for LGBTQIA+ athletes, pregnant and parenting...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 5, May 2024

Welcome to summer and the fifth issue of The Academic Advisor for 2024 - In this issue, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: ...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, March 2024

Welcome to the third issue of The Academic Advisor for 2024. In this edition, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: -...more

Benesch

Public Dollars, Private Discrimination: Protecting LGBT Students from School Voucher Discrimination

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More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with...more

Tucker Arensberg, P.C.

Commonwealth Court Establishes New Test to Determine if Social Media Posts Are Subject to a Rtkl Request

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Penncrest School District. v. Cagle, 293 A.3d 783 (Pa. Cmwlth. 2023). The Commonwealth Court of Pennsylvania establishes a three-part test that must be used to determine if an individual’s social media post is a record of an...more

BCLP

UK HR Two-Minute Monthly: July 2023

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Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more

Rumberger | Kirk

In the Case of Public School Bathrooms: Separate Is Equal

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Eleventh Circuit Says School’s Policy of Assigning Bathrooms Based on Biological Sex Does Not Violate U.S. Constitution - The issue on appeal for the Eleventh Circuit to decide was whether separating the use of male and...more

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