An Enduring American Tradition

Parental Rights and Mahmoud v. Taylor (Part 1):

In 1972, the Supreme Court in Wisonsin v. Yoder made an important observation: “The primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition.” Just how established it that tradition, and does the recent decision in Mahmoud v. Taylor restore it?

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Last month, the Supreme Court handed down several decisions in the final key cases of its October 2024 term. Each deserves due attention, and I intend to cover them soon, but I want to first start with a summary of the most sweeping, impressive, and consequential opinion (no, not Trump v. CASA). In Mahmoud v. Taylor, the Court decided that a public school cannot refuse opt-outs to parents with religious objections to class content. In doing so, the justices reaffirmed a line of cases surrounding a core principle underlying our political structure: children are the care of their parents, not the government. Next week, I will dive deep into the case law and background that make this case. Today, we will review the facts and background of the case.

In Mahmoud, the Court addressed an intersection of parental rights, religious liberty, free speech, and a fundamental conflict with modern public schools. Splitting across