This summer, U.S. courts delivered a series of transformative rulings regarding public education, with decisions touching on curricular debates, transgender rights, and the powers of the federal government. These cases collectively illustrate the complex interplay between constitutional principles, civil rights, and educational policy, emphasizing the judiciary’s ongoing influence in shaping classroom experiences and school governance.
Below is an overview of the most significant education-related rulings issued from late June to mid-September.
Supreme Court Rules in Favor of Parental Rights in LGBTQ+ Curriculum Case
On June 27, the U.S. Supreme Court determined that parents possess a religious free-exercise right to withdraw their children from classes featuring LGBTQ+-themed storybooks. In a notable 6-3 ruling in Mahmoud v. Taylor, the court asserted that a school board’s refusal to permit these opt-outs constituted an unconstitutional infringement on parents’ rights to shape their children’s religious upbringing. Justice Samuel A. Alito Jr. articulated the majority’s opinion, underscoring the constitutional protection of parental guidance in religious contexts.
Supreme Court Upholds E-rate Program for Schools
In a separate ruling also on June 27, the U.S. Supreme Court reaffirmed the integrity of the federal E-rate program, which provides funding for school internet connections, by dismissing a lawsuit challenging its funding structure. The 6-3 decision in Federal Communications Commission v. Consumers’ Research confirmed the viability of the $9 billion Universal Service Fund, which allocates approximately $4 billion annually to facilitate internet connectivity in schools and libraries.
Supreme Court Rulings on Nationwide Injunctions
On June 27, the Supreme Court permitted the Trump administration to predominantly enforce its executive order limiting birthright citizenship for children born to undocumented immigrant parents. The 6-3 decision in Trump v. CASA highlighted the ruling’s focus on restricting the usage of universal injunctions, which allow individual federal district judges to block policies on a national scale. This limitation may notably impact educational settings, as numerous executive orders under President Trump have faced universal injunctions concerning workforce modifications and diversity policies.
Following this ruling, various lower courts issued new injunctions either nationally or for specific groups while citing the Supreme Court’s decision, thus maintaining a dynamic legal landscape.
Supreme Court Declines to Address Teacher and Student Political Speech
On June 30, the Supreme Court declined to review two critical cases tied to political expression within public school environments. These cases included the dismissal of a teacher for perceived derogatory social media posts and a student who reported harassment after wearing a “Make America Great Again” hat.
Federal Appeals Court Upholds Florida Law on Teacher Pronouns
A federal appeals court ruled on July 2 against a transgender teacher, affirming a Florida law that prohibits K-12 educators from using personal titles or pronouns that differ from their sex assigned at birth. The 2-1 panel of the U.S. Court of Appeals for the 11th Circuit ruled that the law did not infringe upon the teacher’s First Amendment rights, as the restriction pertained to her role as a government employee.
Supreme Court to Review Transgender Athlete Participation Laws
The U.S. Supreme Court on July 3 announced it would review cases regarding Idaho and West Virginia laws preventing transgender students from participating in girls’ sports. These legal challenges arise as 27 states have enacted similar measures, raising critical questions about compliance with the 14th Amendment’s equal protection clause and Title IX.
The pending cases may lead to significant implications for policies concerning restroom access, locker room usage, and adherence to students’ preferred names and pronouns.
Supreme Court Approves Education Department Layoffs
On July 14, the U.S. Supreme Court permitted the Trump administration to continue with layoffs of approximately 1,400 employees within the U.S. Department of Education. This decision, noted in McMahon v. New York, lifts previous barriers blocking the administration’s actions while awaiting the resolution of a challenge initiated by 21 Democratic state attorneys general against departmental reductions. Three dissenting justices argued the move undermines the integrity of the education department.
Appeals Court Upholds Arkansas Anti-CRT Legislation
A federal appeals court has sanctioned Arkansas’s law that prohibits educators from “indoctrinating” students with critical race theory or other perceived discriminatory ideologies. The decision from the U.S. Court of Appeals for the 8th Circuit vacated a previous injunction against this 2023 law, which aligns with similar legislation in numerous states, including Iowa and North Dakota.
Court Rejects Mandate for Ten Commandments in Schools
Courts have blocked new requirements in several states demanding the display of the Ten Commandments in public school classrooms, citing likely violations of the Establishment Clause of the First Amendment. Judges in Texas and Louisiana have issued injunctions declaring these laws unconstitutional, drawing upon precedent set by the 1980 Supreme Court ruling in Stone v. Graham.
Supreme Court Denies South Carolina’s Request on Transgender Restroom Access
On September 10, the U.S. Supreme Court denied South Carolina’s request to halt an injunction permitting a transgender boy to access male restrooms at school during his challenge against a state ban. The brief order from the court clarified that this denial does not reflect a decision on the underlying legal issues involved in the ongoing litigation.
Increasing Debate on Childhood Vaccination Exemptions
As childhood vaccination rates decline, the discussion over religious exemptions to school mandates is intensifying. In West Virginia, a legal battle is underway over the governor’s move to require religious exemptions, heading to the state’s supreme court. Concurrently, the U.S. Department of Health and Human Services is advocating for religious exemptions, warning states that non-compliance could risk federal funding.
This fall, the Supreme Court may also review a case from New York involving Amish parents contesting the state’s elimination of religious exemptions in 2019.
Mark Walsh covers education law and the U.S. Supreme Court for Education Week.
