Religious Liberty and Parental Opt-Outs: School Choice at the Supreme Court

This spring, the Supreme Court issued a landmark decision in Mahmoud v. Taylor, protecting the right of parents to direct the religious upbringing of their children and to opt their young children out of one-sided gender ideology curriculum in public schools.

A religiously diverse coalition of parents were forced to sue the Board of Education in Montgomery County, Maryland after the Board announced new elementary storybook curriculums celebrating gender transitioning, pride parades, and pronoun preferences for children as young as three and four years old. The Board initially promised parents that they would be notified when the books were read and could opt their children out. But the Board abruptly decided—with no explanation—to revoke notice and opt-out options. The School Board’s actions violated its own policies, Maryland law, and the U.S. Constitution. Over sixty Members of Congress joined an amicus brief at the Supreme Court, supporting these parents.

This panel will explore the Mahmoud decision and what it means for the future of parental rights and religious freedom from three perspectives: a parent who had to school his child’s own school board, a litigator who worked on the case, and school choice public policy expert.

Panelists include:

• Chris Persak, Montgomery County resident and a parent-plaintiff in Mahmoud v. Taylor
• William Haun, Senior Counsel at the Becket Fund for Religious Liberty
• Peter Murphy, Senior Advisor at Invest in Education  
• Amy Vitale, Government Affairs Counsel at the Becket Fund for Religious Liberty

This talk is a part of our Founding Freedoms Lecture Series, that seeks to help Capitol Hill Staff think more deeply about the freedoms bequeathed to this nation – and the religious tenets that undergird them. 

William J. Haun is Senior Counsel at the Becket Fund for Religious Liberty and a Nonresident Fellow at the American Enterprise Institute (AEI). At Becket, Will litigates nationwide in defense of religious liberty for all faith traditions, particularly before the U.S. Supreme Court and in other federal and state appellate courts nationwide. He’s argued in multiple federal appellate courts, federal district courts, and the Supreme Court of Texas. At AEI, Will writes and researches on constitutionalism and self-government’s prerequisites, especially the role of religion in securing and preserving freedom.

Will often writes on constitutional law issues, including in the Harvard Journal of Law & Public Policy, the Catholic University Law Review, National Affairs, Law & Liberty, National Review Online, the Wall Street Journal, and the Washington Post. He received his J.D. from The Catholic University of America, cum laude, where he was a published member of the Law Review. He received his B.A. from American University in political science,cum laude. 

Peter Murphy is a Senior Advisor at the Invest in Education Foundation and Coalition, based in Washington, D.C., which advocates in Congress for K-12 education freedom and choice and develops a national coalition in support of such policies.

He previously served as Policy and Communications Director at the New York Charter Schools Association, the statewide membership organization of charter schools in New York, and served in the Office of New York Governor George Pataki, where he helped develop the New York Charter Schools Act and the School Tax Relief (STAR) program.

Mr. Murphy received his master’s degree in public administration from Rockefeller College of the State University of New York at Albany, and his B.A. in economics from the University at Albany.

Amy Vitale joined The Becket Fund for Religious Liberty in 2016 to develop and manage the firm’s government affairs work. As Government Affairs Counsel, she tracks federal legislation and regulations that impact the religious exercise of Becket’s clients.

Prior to joining Becket, Amy served as Legislative Counsel to several Members of Congress, supporting their work to protect religious freedom for people of all faiths. These Member efforts resulted in the successful passage of legislative language protecting religious exercise, effective oversight of federal agencies and the military branches, and regular amicus engagement before the Supreme Court.