Religious Liberty and Parental Opt-Outs: School Choice at the Supreme Court
To commemorate the upcoming 250th anniversary of our country, Faith and Law has launched a series of lectures focused on our “Founding Freedoms.” As part of the series, we were pleased to partner with the Becket Fund for Religious Liberty, a leader in the fight for religious liberty and the only law firm that defends all religious beliefs.
The First Amendment right to religious freedom “is the inherent genius of our Constitution,” said Becket counsel Amy Vitale. “It protects us from inherent human frailty, and it protects us from the government reaching into places it doesn’t belong.”
This past spring, Becket represented a religiously diverse set of parents in Montgomery County, Maryland before the Supreme Court in Mahmoud v. Taylor. An amici brief signed by 60 Members of Congress was impactful in the landmark decision. Mahmoud protects 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.
Becket sponsored a fascinating panel discussion that explored the legal ramifications of the case – and some very personal ones.
“If we care about limited government, and keeping society free and open, it is important to have distinct spheres where religious exercise can be protected,” said William Haun, senior counsel at Becket. “This was a monumental victory for religious liberty.”
Chris Persak, Montgomery County resident and a parent-plaintiff, spoke poignantly about adding his name to the case, knowing the risks and attacks his family might face – and did face.
After a three-year battle with the school board, Persak felt vindicated by the June decision. He marveled that “our Founding Fathers had the foresight to have systems and balances and checks where you can, as a citizen in a country, [fight] for the things that you believe in, which falls under the First Amendment.”
Mahmoud was “an organic protest of a diverse group of people,” said Persak. “It reminds me that we are way more similar than we are different. I wish our country would get back to that belief.”
Persak concluded with encouraging words for congressional staff. “I have faith every day – even though it is a heavy burden on your shoulders – that you are the ones that are going to carry this country to bring us back together and stop the division.”
Thank you, Becket, for the work you do supporting religious liberty for all Americans and for the fresh reminder that our Founding Freedoms are worth fighting for.

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.
Faith and Law is a non-profit ministry started by policy makers and for policy makers.



