The Board of Education of Montgomery County, Maryland (Board), has introduced a variety of “LGBTQ+-inclusive” sto- General of Virginia, Erika L. Maley, Solicitor General, Kevin M. Gal lagher, Principal Deputy Solicitor General, and Meredith Baker, Assistant Solicitor General, and by the Attorneys General for their respective States as follows: Steve Marshall of Alabama, Treg Taylor of Alaska, Tim Griffn of Arkansas, James Uthmeier of Florida, Christopher M. Carr of Georgia, Raúl R. Labrador of Idaho, Theodore E. Rokita of Indiana, Brenna Bird of Iowa, Kris Kobach of Kansas, Russell Coleman of Kentucky, Liz Mur rill of Louisiana, Lynn Fitch of Mississippi, Andrew Bailey of Missouri, Austin Knudsen of Montana, Michael T. Hilgers of Nebraska, Drew Wrig ley of North Dakota, Dave Yost of Ohio, Gentner F. Drummond of Oklahoma, David W. Sunday, Jr., of Pennsylvania, Alan Wilson of South Carolina, Marty J. Jackley of South Dakota, Ken Paxton of Texas, Derek E. Brown of Utah, and Bridget Hill of Wyoming; for Advancing American Freedom et al. by J. Marc Wheat; for the America First Legal Foundation by Christopher Mills; for the American Center for Law and Justice by Jay Alan Sekulow, Jordan A. Sekulow, Stuart J. Roth, and Walter M. Weber; for Americans for Prosperity Foundation by Cynthia Fleming Crawford and Casey Mattox; for America's Frontline Doctors et al. by David A. Dalia; for the Center for American Liberty by Dale Schoweng erdt and Josh Dixon; for the Christian Legal Society et al. by Eric W. Treene, Roman P. Storzer, Steven T. McFarland, and Laura Nammo; for the Church of Jesus Christ of Latter-day Saints et al. by R. Shawn Gun narson, Christopher A. Bates, Donald N. Lundwall, Gene C. Schaerr, and Hannah C. Smith; for the Defense of Freedom Institute for Policy Studies et al. by Donald A. Daugherty, Jr.; for the Ethics and Public Policy Center by Eric N. Kniffn; for the Independence Law Center by Randall L. Wenger, Janice L. Martino-Gottshall, and Jeremy L. Samek; for Law Professors by Natalie C. Rhoads; for the Legal Insurrection Foundation by Eric Hudson; for the Liberty Counsel by Mathew D. Staver, Anita L. Staver, and Horatio G. Mihet; for the Manhattan Institute et al. by Ilya Shapiro; for the Maryland Family Institute et al. by Helen M. Alvaré; for Muslim Parents et al. by Steven T. Collis and John Greil; for National Religious Broadcasters et al. by William Wagner and Michael P. Farris; for the NC Values Institute et al. by Deborah J. Dewart, Tami Fitzgerald, and John W. Whitehead; for Our Duty-USA et al. by Mary E. McAlister and Vernadette R. Broyles; for Parent Nicholas Brown et al. by Frederick W. Claybrook, Jr., Steven W. Fitschen, and James A. Davids; for Parents Defending Education by J. Michael Connolly and James F. Hasson; for Page Proof Pending Publication rybooks into the elementary school curriculum. These books—and associated educational instructions provided to teachers—are designed to “disrupt” children's thinking about sexuality and gender. The Board has told parents Protect Our Kids (California) et al. by Thomas L. Brejcha; for the Sutherland Institute by William C. Duncan; for Thirty-fve Maryland Legislators by Edward M. Wenger; for the Women's Liberation Front by Elspeth B. Cypher; for Tammy Fournier by John J. Bursch, James A. Campbell, Katherine L. Anderson, and Vincent M. Wagner; for Douglas Laycock et al. by Christopher Mills; for Nathan Lewin, pro se; for S. Ernie Walton et al. by Christopher T. Holinger; and for 66 Members of Congress by Erik S. Jaffe. William J. Olson, Jeremiah L. Morgan, J. Mark Brewer, and Michael Boos fled a brief for America's Future et al. as amici curiae urging vacatur.
Briefs of amici curiae urging affrmance were fled for the State of Maryland et al. by Anthony G. Brown, Attorney General of Maryland, Julia Doyle, Solicitor General, and Joshua M. Segal, Principal Deputy Solicitor General, by Andrea Joy Campbell, Attorney General of Massachusetts, David C. Kravitz, State Solicitor, Anna Lumelsky, Deputy State Solicitor, and Adam Cambier, Assistant Attorney General, and by the Attorneys General for their respective jurisdictions as follows: Rob Bonta of California, Philip J. Weiser of Colorado, William Tong of Connecticut, Kathleen Jennings of Delaware, Brian L. Schwalb of the District of Columbia, Anne E. Lopez of Hawaii, Kwame Raoul of Illinois, Aaron M. Frey of Maine, Dana Nessel of Michigan, Keith Ellison of Minnesota, Aaron D. Ford of Nevada, Matthew J. Platkin of New Jersey, Letitia James of New York, Dan Rayfeld of Oregon, Peter F. Neronha of Rhode Island, Charity R. Clark of Vermont, and Nicholas W. Brown of Washington; for American Atheists, Inc., et al. by Geoffrey T. Blackwell; for the American Civil Liberties Union et al. by Daniel Mach, Heather L. Weaver, Deborah Jeon, Sonia Kumar, Cecillia D. Wang, and Louise Melling; for the American Psychological Association et al. by Jessica Ring Amunson and Deanne M. Ottaviano; for the Authors Guild, Inc., et al. by Marc A. Fuller and Mag gie I. Burreson; for the Coalition for Responsible Home Education by Jo seph J. Poppen and Geoffrey M. Pipoly; for Constitutional Scholars by Joshua Matz, Martin Totaro, and Richard B. Katskee, pro se; for the Freedom From Religion Foundation by Samuel T. Grover; for GLBTQ Legal Advocates and Defenders et al. by Mary L. Bonauto, Gary D. Buseck, and Hannah Hussey; for Interfaith Alliance by James C. Dugan and Mia Guizzetti Hayes; for the Leadership Conference Education Fund et al. by Karen L. Loewy and Jeffrey M. Gutkin; for Lebo Pride et al. by Susan that it will not give them notice when the books are going to be used and that their children's attendance during those periods is mandatory. A group of parents from diverse religious backgrounds sued to enjoin those policies. They assert that the new curriculum, combined with the Board's decision to deny opt outs, impermissibly burdens their religious exercise.
Today, we hold that the parents have shown that they are entitled to a preliminary injunction. A government burdens the religious exercise of parents when it requires them to submit their children to instruction that poses “a very real threat of undermining” the religious beliefs and practices that the parents wish to instill. Wisconsin v. Yoder, 406 U. S. 205, 218 (1972). And a government cannot condition the beneft of free public education on parents' acceptance of such instruction. Based on these principles, we conclude that the parents are likely to succeed in their challenge to the Board's policies.
J. Frietsche; for Montgomery County Faith Leaders by Meaghan VerGow and Joshua Revesz; for Muslim Organizations by Z. Gabriel Arkles and Anya Marino; for the National Education Association et al. by Alice O'Brien, Jason Walta, Robert Kim, and Jessica Levin; for the PEN American Center, Inc., by Linda Steinman, Alexandra Perloff-Giles, and Ryan Hicks; for Religious and Civil-Rights Organizations by Alex J. Lu chenitser, Alexandra Zaretsky, and Randall T. Adams; for Scholars for the Advancement of Children's Constitutional Rights et al. by Cather ine E. Smith and Travis F. Chance; for Justin Driver et al. by Amanda Flug Davidoff and H. Rodgin Cohen; and for Robert D. Kamenshine, pro se.
Briefs of amici curiae were fled for AASA, The School Superintendents Association, et al. by John A. Freedman and Steven L. Mayer; for California Parents for the Equalization of Educational Materials by Glenn Katon; for the Foundation for Moral Law by Roy S. Moore and Jeffrey Tuomala; for Jaco Booyens Ministries et al. by Frank J. Wright; for the Lonang Institute by Kerry Lee Morgan and Randall A. Pentiuk; for Melissa Moschella, Ph.D., by Robert P. George and William C. Porth; and for Lawrence G. Sager et al. by Rachel G. Miller-Ziegler.
Page Proof Pending Publication
I
A
With just over one million residents, Montgomery County is Maryland's most populous county. According to a recent survey, it is also the “most religiously diverse county” in the Nation.1 In addition to hosting a diverse mix of Christian denominations, the county ranks in the top fve in the Nation in per-capita population of Jews, Muslims, Hindus, and Buddhists.2 The county's religious diversity is accompanied by strong cultural diversity as well. The county is home to several notable ethnic communities. For example, the Ethiopian community in Silver Spring is one of the largest in the country.3 And according to one survey, “[o]nly 56.8% of county residents speak English at home.” N. 1, this page. Most Montgomery County residents with school age children, by choice or necessity, send them to public school. As a general matter, Maryland law requires that resident children ages 5 to 18 “attend a public school regularly during the entire school year.” Md. Educ. Code Ann. § 7–301(a– 1)(1) (2025). As an exception to this general rule, the State permits parents to send their children to private school or to educate them at home if certain requirements can be met.
§ 7–301(a)(3). Parents who cause their children to be absent 1See A. Hertzler-McCain, Montgomery County, Maryland, Was Most Religiously Diverse US County in 2023, Religion News Service (Aug. 30, 2024), https://religionnews.com/2024/08/30/montgomery-county-marylandwas-most-religiously-diverse-u-s-county-in-2023/.
2Public Religion Research Institute, 2023 PRRI Census of American Religion: County-Level Data on Religious Identity and Diversity 19, 28, 42–49 (Aug. 29, 2024).
3See, e. g., R. Skirble, Silver Spring Is the Epicenter of a Thriving Ethiopian Diaspora, Montgomery Magazine (Oct. 19, 2022), https://www. montgomerymag.com/silver-spring-is-the-epicenter-of-a-thrivingethiopian-diaspora/.
Page Proof Pending Publication unlawfully from school can face fnes, mandatory community service, and even imprisonment. § 7–301(e).
Public education in Montgomery County is provided by Montgomery County Public Schools (MCPS), one of the largest school districts in the Nation. In the 2022–2023 school year, MCPS enrolled 160,554 students in its 210 schools and had an operating budget of nearly $3 billion. App. to Pet. for Cert. 597a–598a; MCPS, FY2024 Operating Budget, p. vi–1 (2023). The district is overseen and managed by the Montgomery County Board of Education, a policymaking body consisting of seven elected county residents and one student. See Md. Educ. Code Ann. § 3–901(b).
In recognition of the county's religious diversity, the Board's “Guidelines for Respecting Religious Diversity” profess a commitment to making “reasonable accommodations” for the religious “beliefs and practices” of MCPS students. App. to Pet. for Cert. 210a, 212a.4 These accommodations take various forms. For example, according to one MCPS offcial, the Board “advises principals that schools should avoid scheduling tests or other major events on dozens of . . . `days of commemoration,' during which MCPS expects that many students may be absent . . . or engaged in religious or cultural observances.” Id., at 602a.
This case, however, arises from the Board's abject refusal to heed widespread and impassioned pleas for accommodation. In the years leading up to 2022, the Board apparently “determined that the books used in its existing [English & Language Arts] curriculum were not representative of many students and families in Montgomery County because they 4The Board has modifed its religious diversity guidelines since the 2022–2023 school year, when many of the events in this lawsuit took place. The most recent version of the Board's guidelines, available online, continues to state that “MCPS is committed to making reasonable accommodations” for the religious “beliefs and practices” of its students. MCPS, Religious Diversity Guidelines in Montgomery County Public Schools 1 (2024–2025).
Page Proof Pending Publication did not include LGBTQ characters.” Id., at 603a. The Board therefore decided to introduce into the curriculum what it described as “ `LGBTQ+-inclusive texts.' ” 5 Id., at 174a. As one email sent by MCPS principals refects, the Board selected the books according to a “Critical Selection Repertoire” that required selectors to review potential texts and ask questions such as: “Is heteronormativity reinforced or disrupted?”; “Is cisnormativity reinforced or disrupted?”; and “Are power hierarchies that uphold the dominant culture reinforced or disrupted?” Id., at 622a.
In accordance with this “[r]epertoire” and other criteria, the Board eventually selected 13 “LGBTQ+-inclusive” texts for use in the English and Language Arts curriculum from pre-K through 12th grade. Id., at 603a–604a, 622a. At issue in this lawsuit are the fve “LGBTQ+-inclusive” storybooks that are approved for students in Kindergarten through ffth grade—in other words, for children who are generally between 5 and 11 years old.6 A few short descriptions will serve to illustrate the general tenor of the storybooks. Intersection Allies tells the stories of several children from different backgrounds, including Kate, who is apparently a transgender child. One page shows Kate in a sex-neutral or sex-ambiguous bathroom, and Kate proclaims: “My friends defend my choices and place. A bathroom, like all rooms, should be a safe 5Some sources in the record use different variations of “LGBTQ+inclusive” when referring to the books at issue in this case (e. g., “LGBTQ- Inclusive”).
App. to Pet. for Cert. 603a.
For consistency, we use “LGBTQ+-inclusive” throughout the opinion, except in instances where the designation appears in the middle of other quoted language, in which case we retain the formulation that appears in the source. 6This lawsuit initially concerned seven books: one approved for pre-K and Head Start students, and six approved for grades K through 5. However, the one book approved for pre-K students was removed from the curriculum due to content concerns, and one of the books approved for grades K through 5 was removed for similar reasons. Brief for Petitioners 11, n. 10; Brief for Respondents 6, n. 4.
Page Proof Pending Publication Page Proof Pending Publication space.” Id., at 323a. Intersection Allies includes a “PageBy-Page Book Discussion Guide” that asserts: “When we are born, our gender is often decided for us based on our sex . . . . But at any point in our lives, we can choose to identify with one gender, multiple genders, or neither gender.” Id., at 349a–350a. The discussion guide explains that “Kate prefers the pronouns they/their/them” and asks “What pronouns ft you best?” Id., at 350a (boldface in original).
Prince & Knight tells the story of a coming-of-age prince whose parents wish to match him with “a kind and worthy bride.” Id., at 397a. After meeting with “many ladies,” the prince tells his parents that he is “ `looking for something different in a partner by [his] side.' ” Id., at 398a, 400a. Later in the book, the prince falls into the “embrace” of a knight after the two fnish battling a fearsome dragon. Id., at 415a. After the knight takes off his helmet, the prince and knight “gaz[e] into each other's eyes, [and] their hearts beg[in] to race.” Id., at 418a–419a. The whole kingdom later applauds “on the two men's wedding day.” Id., at 424a. Love Violet follows a young girl named Violet who has a crush on her female classmate, Mira. Mira makes Violet's “heart skip” and “thunde[r] like a hundred galloping horses.” Id., at 431a, 436a. Although Violet is initially too afraid to interact with Mira, the two end up exchanging gifts on Val- entine's Day. Afterwards, the two girls are seen holding hands and “galloping over snowy drifts to see what they might fnd. Together.” Id., at 446a.
Born Ready: The True Story of a Boy Named Penelope tells the story of Penelope, a child who is initially treated as a girl. The story is told from the perspective of Penelope, who at one point says “If they'd all stop and listen, I'd tell them about me. Inside I'm a boy.” Id., at 454a. When Penelope's mother later assures her that “ `If you feel like a boy, that's okay,' ” Penelope responds: “ `No, Mama, I don't feel like a boy. I AM a boy.' ” Id., at 458a. Penelope tells her mother: “ `I love you, Mama, but I don't want to be you. I want to be Papa. I don't want tomorrow to come because tomorrow I'll look like you. Please help me, Mama.
Help me be a boy.' ” Id., at 459a.
Penelope's mother then agrees that she is a boy, and Penelope says: “For the frst time, my insides don't feel like fre. They feel like warm, golden love.” Id., at 462a. Later, after the family starts treating Penelope as a boy, Penelope's brother complains that “ `You can't become a boy. You have to be born one.' ” Id., at 465a. This comment draws a rebuke from Penelope's mother: “ `Not everything needs to make sense. This is about love.' ” Ibid. Finally, Uncle Bobby's Wedding tells the story of a young girl named Chloe who is informed that her favorite uncle, Bobby, will be getting married to his boyfriend, Jamie.
When Bobby and Jamie announce their engagement, everyone is jubilant “except . . . Chloe.” Id., at 287a. Chloe says that she does not “ `understand' ” why her uncle is getting married, but her mother responds by explaining: “ `When grown-up people love each other that much, sometimes they get married.' ” Id., at 288a.
The Board suggested “that teachers incorporate the new texts into the curriculum in the same way that other books are used, namely, to put them on a shelf for students to fnd on their own; to recommend a book to a student who would enjoy it; to offer the books as an option for literature circles, book clubs, or paired reading groups; or to use them as a read aloud.” Id., at 604a–605a. And “[a]s with all curriculum resources,” the Board voiced its “expectation that teachers use the LGBTQ-Inclusive Books as part of instruction.” Id., at 605a. An MCPS offcial has made clear that “[t]eachers cannot . . . elect not to use the LGBTQ-Inclusive Books at all.” Ibid. The Board also contemplated that instruction involving the “LGBTQ+-inclusive” storybooks would include classroom discussion. See id., at 642a (Board's lawyer: “there will be Page Proof Pending Publication discussion that ensues. In fact, I think everyone would hope that discussion ensues”). In anticipation of such discussion, the Board hosted a “professional development workshop” in the summer of 2022, where it provided teachers with a guidance document suggesting how they might respond to student inquiries regarding the themes presented in the books. Id., at 273a–276a, 604a, 628a–635a. For example, if a student asserts that two men cannot get married, the guidance document encouraged teachers to respond by saying: “When people are adults they can get married. Two men who love each other can decide they want to get married.” Id., at 628a. If a student claims that a character “can't be a boy if he was born a girl,” teachers were encouraged to respond: “That comment is hurtful.” Id., at 630a. And if a student asks “[w]hat's transgender?”, it was recommended that teachers explain: “When we're born, people make a guess about our gender and label us `boy' or `girl' based on our body parts. Sometimes they're right and sometimes they're wrong.” Ibid. The guidance document encouraged teachers to “[d]isrupt the either/or thinking” of their students. Id., at 629a, 633a.
At the same workshop, the Board also provided teachers with a guidance document that suggested particular responses to inquiries by parents. For example, if a parent were to ask whether the school was attempting to teach a child to “reject” the values taught at home, teachers were encouraged to respond that “[t]eaching about LGBTQ+ is not about making students think a certain way; it is to show that there is no one `right' or `normal' way to be.” Id., at 638a. The guidance also urged teachers to assure parents that there would not be “explicit instruction” about gender and sexual identity, but that “there may be a need to defne words that are new and unfamiliar to students,” and that “questions and conversations might organically happen.”
Id., at 640a. If parents were not comforted by that informaPage Proof Pending Publication tion, teachers could tell them that “[p]arents always have the choice to keep their student(s) home while using these texts; however, it will not be an excused absence.” Ibid. The Board offcially launched the “LGBTQ+-inclusive” texts into MCPS schools in the 2022–2023 school year.
Shortly thereafter, parents “began contacting individual teachers, principals, or MCPS staff” about the storybooks and asking that their children be excused from classroom instruction related to them. Id., at 606a. Some parents showed up at the Board's public business meetings to express their concerns about the storybooks' content. In an early 2023 meeting, for example, one parent represented herself as “a voice for parents in [her] community, many of [whom] are actually working today and unable to attend.”
See MCPS, Jan. 12, 2023, Business Meeting, at 27:15–27:20, https://mcpsmd.new.swagit.com/videos/196679. She said that MCPS parents were “frustrated” because, in their view, “educators and administrators are going behind what [parents] are teaching their kids at home, and pushing ideas of gender ideology on their kids.” Id., at 27:21–27:30. The parent felt that the Board was “implying to [children] that their religion, their belief system, and their family tradition is actually wrong.” Id., at 28:25–28:30.
At the same Board meeting, one Board member responded by saying that “some of the testimony today was disturbing to me personally. Transgender, LGBTQ individuals are not an ideology, they are a reality. . . . [T]here are religions out there that teach that women should only achieve certain subservient roles in life, and MCPS would never think of not having a book in a classroom that showed a woman” in a professional role. Id., at 38:35–39:00. The Board's student member agreed with the sentiment and proclaimed that “ignorance and hate does exist within our community, but Page Proof Pending Publication please know that every student—each of our 160,000 students in our large county—has a place in the school system.” Id., at 40:25–40:36.
Initially, the Board compromised with objecting parents by notifying them when the “LGBTQ+-inclusive” storybooks would be taught and permitting their children to be excused from instruction involving the books. That policy was consistent with the Board's general “Guidelines for Respecting Religious Diversity,” which at the time provided that “[w]hen possible, schools should try to make reasonable and feasible adjustments to the instructional program to accommodate requests from students, or requests from parents/ guardians on behalf of their students, to be excused from specifc classroom discussions or activities that they believe would impose a substantial burden on their religious beliefs.” App. to Pet. for Cert. 220a–221a.
This compromise, however, did not last long. In March 2023, less than a year after the “LGBTQ+-inclusive” texts were introduced, the Board issued a statement declaring that “[s]tudents and families may not choose to opt out of engaging” with the storybooks and that “teachers will not send home letters to inform families when inclusive books are read in the future.” Id., at 657a. According to one MCPS offcial, the Board decided to change its policy because, among other things, “individual principals and teachers could not accommodate the growing number of opt out requests without causing signifcant disruptions to the classroom environment.” Id., at 607a. The offcial also stated that permitting some students to exit the classroom while the storybooks were being taught would expose other students “to social stigma and isolation.” Id., at 608a. It was therefore announced that any existing accommodations would expire at the end of the 2022–2023 school year.
Shortly after the Board rescinded parental opt outs, more than 1,000 parents signed a petition asking the Board to restore opt out rights. See Brief for Petitioners 14. And Page Proof Pending Publication hundreds of displeased parents, including many Muslim and Ethiopian Orthodox parents, appeared at the Board's public meetings and implored the Board to allow opt outs. Id., at 14–15. At a May 2023 meeting, one community member testifed that “thousands” of parents felt “deeply dismayed and betrayed” by the rescission of opt outs from “content that confict[s] with their sincerely held religious beliefs.”
MCPS, May 25, 2023, Business Meeting, at 35:33–35:44, https://mcpsmd.new.swagit.com/videos/232766. At the same meeting, an MCPS student testifed and asked the Board “to allow students like me to opt out of content and books that contain sensitive and mature topics that go against my religious beliefs.” Id., at 40:47–40:56.
The Board was unmoved. After the testimony, several Board members and another MCPS offcial spoke up to “clarify” that the storybooks would not be used for explicit instruction on sexuality and gender, but rather as part of the “literacy curriculum.” Id., at 1:11:14–1:16:22. According to a later news article, one Board member recalled that “she felt `kind of sorry' ” for the student who testifed in favor of opt outs, “and wondered to what extent she may have been `parroting dogma' learned from her parents.” 7 The Board member also expressed her view that “ `[i]f [parents] want their child to receive an education that strictly adheres to their religious dogma, they can send their kid to a private religious school.' ” N. 7, this page. The Board member went on to suggest that the objecting parents were comparable to “ `white supremacists' ” who want to prevent their children from learning about civil rights and “ `xenophobes' ” who object to “ `stories about immigrant families.' ” Ibid. 7E. Espey, Parents, Students, Doctors React to MCPS Lawsuit Targeting LGBTQ+ Storybooks, Bethesda Magazine (June 2, 2023), https:// bethesdamagazine.com/2023/06/02/parents-students-doctors-react-tomcps-lawsuit-targeting-lgbtq-storybooks; see also Mahmoud v. McKnight, 688 F. Supp. 3d 265, 285 (Md. 2023) (recounting the Board member's statements).
Page Proof Pending Publication Page Proof Pending Publication The Board continues to permit children to opt out of other school activities, including the “family life and human sexuality” unit of instruction, for which opt outs are required under Maryland law. Code of Md. Regs., tit. 13A, § 04.18.01(D) (2)(e)(i) (2025); see App. to Pet. for Cert. 657a. And although the Board has amended its “Guidelines for Respecting Religious Diversity” to narrow the circumstances in which opt outs are permissible, those guidelines still allow opt outs from “noncurricular activities, such as classroom parties or free-time events that involve materials or practices in confict with a family's religious, and/or other, practices.” Id., at 672a.
B
At the time when this lawsuit was fled, petitioners Tamer Mahmoud and Enas Barakat had three children enrolled in MCPS, including one who was still in elementary school.
Mahmoud and Barakat are Muslims who believe “that mankind has been divinely created as male and female” and “that `gender' cannot be unwoven from biological `sex'—to the extent the two are even distinct—without rejecting the dignity and direction God bestowed on humanity from the start.”
Id., at 165a–166a. Mahmoud and Barakat believe that it would be “immoral” to expose their “young, impressionable, elementary-aged son” to a curriculum that “undermine[s] Islamic teaching.” Id., at 532a. And, in their view, “[t]he storybooks at issue in this lawsuit . . . directly undermine [their] efforts to raise” their son in the Islamic faith “because they encourage young children to question their sexuality and gender . . . and to dismiss parental and religious guidance on these issues.” Ibid. After the “LGBTQ+-inclusive” storybooks were introduced, Mahmoud and Barakat asked to have their son excused from the classroom when Prince & Knight was read.
Their son's principal initially permitted the boy to sit outside the classroom during that time. But, soon after, the Board announced that opt outs would no longer be available. Mahmoud and Barakat then felt “religiously compelled to send their son to private school at signifcant fnancial sacrifce.” Brief for Petitioners 16.
Petitioners Jeff and Svitlana Roman also had a son enrolled in an MCPS elementary school when this lawsuit was fled. Jeff Roman is Catholic, and Svitlana Roman is Ukrainian Orthodox. They believe that “sexuality is expressed only in marriage between a man and a woman for creating life and strengthening the marital union.” App. to Pet. for Cert. 166a. The Romans further believe “that gender and biological sex are intertwined and inseparable” and that “the young need to be helped to accept their own body as it was created.” Id., at 537a (internal quotation marks omitted). The Romans understand that their son “loves his teachers and implicitly trusts them,” and so they fear that allowing those teachers to “teach principles about sexuality or gender identity that confict with [their] religious beliefs” would “signifcantly interfer[e] with [their] ability to form [their son's] religious faith and religious outlook on life.” Id., at 541a.
After the “LGBTQ+-inclusive” storybooks were introduced, the Romans asked the principal of their son's elementary school to notify them when the books were being read and to excuse their son from that instruction. The Romans were initially told that it was their “right” to ask that their son not be present when the books are read, id., at 496a, but they were later informed that notice and opt outs would no longer be provided. Thus, the Romans, like Mahmoud and Barakat, were “religiously compelled to send their son to private school, at signifcant expense.” Brief for Petitioners 18.
Petitioners Chris and Melissa Persak have two elementary-age daughters who attend public school in Montgomery County. The Persaks are Catholics who believe Page Proof Pending Publication “that all humans are created as male or female, and that a person's biological sex is a gift bestowed by God that is both unchanging and integral to that person's being.” App. to Pet. for Cert. 543a. The Persaks believe “that children— particularly those in elementary school—are highly impressionable to ideological instruction presented in children's books or by schoolteachers.” Id., at 544a. They are concerned that the Board's “LGBTQ+-inclusive” storybooks “are being used to impose an ideological view of family life and sexuality that characterizes any divergent beliefs as `hurtful.' ” Ibid. They think that such instruction will “undermine [their] efforts to raise [their] children in accordance with” their religious faith. Ibid. The Persaks' daughters were initially permitted to opt out of instruction related to the storybooks, but they no longer have that option.
The fnal petitioner, Kids First, is an unincorporated association of parents and teachers that was “formed to advocate for the return of parental notice and opt-out rights in the Montgomery County Public Schools.” Id., at 624a. One of Kids First's board members—Grace Morrison—has a daughter who previously attended an MCPS elementary school.
Morrison's daughter has Down syndrome and attention defcit disorder. She previously required special accommodations from her public school, including a “full time, one-onone paraeducator.” Id., at 624a–625a. Morrison's daughter also received special services from the school, such as speech and occupational therapy. Morrison and her husband are Catholics who believe that “marriage is the lifelong union of one man and one woman” and that gender is “interwoven” with sex. Id., at 625a. Due to their daughter's learning challenges, they fear that she “doesn't understand or differentiate instructions from her teachers and her parents” and that they “won't be able to contradict what she hears from teachers.” Id., at 626a.
Because of the services provided to her disabled daughter in public school, Morrison faced enormous “pressure” to keep her daughter enrolled. Ibid. She asked that her daughter Page Proof Pending Publication be excused from “LGBTQ+-inclusive” instruction, even after the Board's decision to rescind opt outs. She was told, however, that opt outs would not be possible. As a result, the Morrisons felt “religiously compelled” to remove their daughter from public school. Brief for Petitioners 19.
They anticipate that it will cost at least $25,000 per year to replace the academic and other services that their daughter formerly received from the public school system.
Faced with the Board's decision to rescind opt outs, petitioners fled this lawsuit in the United States District Court for the District of Maryland. Among other things, they asserted that the Board's no-opt-out policy infringed their right to the free exercise of their religion. See Kennedy v. Bremerton School Dist., 597 U. S. 507, 524 (2022). They sought a preliminary and permanent injunction “prohibiting the School Board from forcing [their] children and other students—over the objection of their parents—to read, listen to, or discuss” the storybooks. App. to Pet. for Cert. 206a.
In support of their request, the parents relied heavily on this Court's decision in Wisconsin v. Yoder, 406 U. S. 205. That case concerned Amish parents who wished to withdraw their children from conventional schooling after the eighth grade, in direct contravention of a Wisconsin law requiring children to attend school until the age of 16. In Yoder, we recognized that parents have a right “to direct the religious upbringing of their children,” and that this right can be infringed by laws that pose “a very real threat of undermining” the religious beliefs and practices that parents wish to instill in their children. Id., at 218, 233. Given the substantial burdens that Wisconsin's compulsory-attendance law placed on the religious practices of the Amish, we held that it “carrie[d] with it precisely the kind of objective danger to the free exercise of religion that the First Amendment was designed to prevent.” Id., at 218.
Page Proof Pending Publication In the present case, the parents asserted that Yoder's principle applies to their situation, and they therefore asked for a preliminary injunction permitting their children to opt out of the challenged instruction pending the completion of their lawsuit. The District Court denied that relief. It characterized the petitioners' primary argument as an objection to school “indoctrination” and asserted that the petitioners had not “identifed any case recognizing a free exercise violation based on indoctrination.” Mahmoud v. McKnight, 688 F. Supp. 3d 265, 295 (Md. 2023). It dismissed Yoder as “sui generis” and “inexorably linked to the Amish community's unique religious beliefs and practices.” 688 F. Supp. 3d, at 294, 301. And although the District Court acknowledged that the “LGBTQ+-inclusive” curriculum might result in petitioners' being “less likely to succeed” in raising their children in their religious faiths, id., at 300, it nonetheless held that the curriculum was likely consistent with the Free Exercise Clause.
A divided panel of the Fourth Circuit affrmed. The majority did not expressly endorse the District Court's view regarding the constitutionality of “indoctrination,” but it suggested that petitioners could succeed on their free exercise claim only if they could “show direct or indirect coercion arising out of the exposure” to the storybooks. Mahmoud v. McKnight, 102 F. 4th 191, 212 (2024). And the majority found that the evidence in the record was insuffcient to make that showing. The majority expressed concern that “[t]he record does not show how the Storybooks are actually being used in classrooms.” Id., at 213. And without such evidence, the majority held, petitioners could not obtain a preliminary injunction because it could not simply be assumed that any past lessons had or that any future lessons would “cross the line and pressure students to change their views or act contrary to their faith.” Ibid. As for petitioners' reliance on Yoder, the majority quickly dismissed that argument, describing the decision as “markedly circumPage Proof Pending Publication Page Proof Pending Publication scribed” and “tailored to the specifc evidence in [its] record.” 102 F. 4th, at 210–211.
Judge Quattlebaum dissented. He accepted the parents' representation that “their faith compels that they teach their children about sex, human sexuality, gender and family life.” Id., at 222. And he acknowledged their claim that “the messages from the books confict with and undermine the sincerely held religious beliefs they hold and seek to convey to their children.” Ibid. Judge Quattlebaum therefore concluded that the Board had “force[d] the parents to make a choice—either adhere to their faith or receive a free public education for their children.” Ibid. Forcing parents to make such a choice was, in his view, a burden on their religion exercise.
After the Fourth Circuit ruled, the parents asked this Court to review the decision, and we granted their petition for a writ of certiorari. 604 U. S. 1096 (2025). We now hold that the parents have shown that they are entitled to a preliminary injunction and reverse the judgment below.
II
Our Constitution proclaims that “Congress shall make no law . . . prohibiting the free exercise” of religion. Amdt. 1. That restriction applies equally to the States by way of the Fourteenth Amendment. Cantwell v. Connecticut, 310 U. S. 296, 303 (1940). And the right to free exercise, like other First Amendment rights, is not “shed . . . at the schoolhouse gate.” Tinker v. Des Moines Independent Community School Dist., 393 U. S. 503, 506–507 (1969). Government schools, like all government institutions, may not place unconstitutional burdens on religious exercise.
The parents assert that the Board's introduction of the “LGBTQ+-inclusive” storybooks—combined with its decision to withhold notice and opt outs—unconstitutionally burdens their religious exercise. At this stage, the parents seek a preliminary injunction that would permit them to have their children excused from instruction related to the storybooks while this lawsuit proceeds. To obtain that form of preliminary relief, the parents must show that they are likely to succeed on the merits, that they are likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in their favor, and that an injunction would be in the public interest. Winter v. Natural Re sources Defense Council, Inc., 555 U. S. 7, 20 (2008). The parents have made that showing.
III
To begin, we hold that the parents are likely to succeed on their claim that the Board's policies unconstitutionally burden their religious exercise. “[W]e have long recognized the rights of parents to direct `the religious upbringing' of their children.” Espinoza v. Montana Dept. of Revenue, 591 U. S. 464, 486 (2020) (quoting Yoder, 406 U. S., at 213– 214). And we have held that those rights are violated by government policies that “substantially interfer[e] with the religious development” of children. Id., at 218. Such interference, we have observed, “carries with it precisely the kind of objective danger to the free exercise of religion that the First Amendment was designed to prevent.” Ibid. For the reasons explained below, we conclude that such an “objective danger” is present here.
A
We start by describing the nature of the religious practice at issue here and explaining why it is burdened by the Board's policies.
At its heart, the Free Exercise Clause of the First Amendment protects “the ability of those who hold religious beliefs of all kinds to live out their faiths in daily life through the performance of” religious acts. Kennedy, 597 U. S., at 524 Page Proof Pending Publication (internal quotation marks omitted). And for many people of faith across the country, there are few religious acts more important than the religious education of their children. See Our Lady of Guadalupe School v. Morrissey-Berru, 591 U. S. 732, 754 (2020) (“Religious education is vital to many faiths practiced in the United States”). Indeed, for many Christians, Jews, Muslims, and others, the religious education of children is not merely a preferred practice but rather a religious obligation. See id., at 754–756. The parent petitioners in this case refect this reality: they all believe they have a “sacred obligation” or “God-given responsibility” to raise their children in a way that is consistent with their religious beliefs and practices. App. to Pet. for Cert. 531a, 538a, 543a, 625a.
The practice of educating one's children in one's religious beliefs, like all religious acts and practices, receives a generous measure of protection from our Constitution. “Drawing on `enduring American tradition,' we have long recognized the rights of parents to direct `the religious upbringing' of their children.” Espinoza, 591 U. S., at 486 (quoting Yoder, 406 U. S., at 213–214, 232). And this is not merely a right to teach religion in the confnes of one's own home. Rather, it extends to the choices that parents wish to make for their children outside the home. It protects, for example, a parent's decision to send his or her child to a private religious school instead of a public school. Pierce v. Society of Sis ters, 268 U. S. 510, 532–535 (1925).
Due to fnancial and other constraints, however, many parents “have no choice but to send their children to a public school.” Morse v. Frederick, 551 U. S. 393, 424 (2007) (Alito, J., concurring). As a result, the right of parents “to direct the religious upbringing of their” children would be an empty promise if it did not follow those children into the public school classroom. We have thus recognized limits on the government's ability to interfere with a student's religious upbringing in a public school setting.
Page Proof Pending Publication An early example comes from our decision in West Vir ginia Bd. of Ed. v. Barnette, 319 U. S. 624 (1943). In that case, we considered a resolution adopted by the West Virginia State Board of Education that required students “to participate in the salute honoring the Nation represented by the Flag.” Id., at 626 (internal quotation marks omitted). If students failed to comply, they faced expulsion and could not be readmitted until they yielded to the State's command. Id., at 629. A group of plaintiffs sued to prevent the enforcement of this policy against Jehovah's Witnesses who considered the fag to be a “graven image” and refused to salute it. Ibid. (internal quotation marks omitted). The challengers asserted that the policy was, among other things, “an unconstitutional denial of religious freedom.” Id., at 630.
We agreed that the policy could not be squared with the First Amendment. The effect of the State's policy, we observed, was to “condition access to public education on making a prescribed sign and profession and at the same time to coerce attendance by punishing both parent and child.” Id., at 630–631. Although the policy did not clearly require students to “forego any contrary convictions of their own and become unwilling converts,” it nonetheless required a particular “affrmation of a belief and an attitude of mind.” Id., at 633. For a public school to require students to make such an affrmation, in contravention of their beliefs and those of their parents, was to go further than the First Amendment would allow.
Barnette dealt with an especially egregious kind of direct coercion: a requirement that students make an affrmation contrary to their parents' religious beliefs. But that does not mean that the protections of the First Amendment extend only to policies that compel children to depart from the religious practices of their parents. To the contrary, in Yoder, we held that the Free Exercise Clause protects against policies that impose more subtle forms of interference with the religious upbringing of children.
Page Proof Pending Publication Yoder concerned a Wisconsin law that required parents to send their children to public or private school until the age of 16. Respondents Jonas Yoder, Wallace Miller, and Adin Yutzy were members of Wisconsin's Amish community who refused to send their children to public school after the completion of the eighth grade. In their view, the values taught in high school were “in marked variance with Amish values and the Amish way of life,” and would result in an “impermissible exposure of their children to a `worldly' infuence in confict with their beliefs.” 406 U. S., at 211. In response, this Court observed that formal high school education would “plac[e] Amish children in an environment hostile to Amish beliefs . . . with pressure to conform to the styles, manners, and ways of the peer group” and that it would “tak[e] them away from their community, physically and emotionally, during the crucial and formative adolescent period of life.” Ibid. “In short,” the Court concluded, “high school attendance . . . interposes a serious barrier to the integration of the Amish child into the Amish religious community.” Id., at 211–212.
In Yoder, unlike in Barnette, there was no suggestion that the compulsory-attendance law would compel Amish children to make an affrmation that was contrary to their parents' or their own religious beliefs. Nor was there a suggestion that Amish children would be compelled to commit some specifc practice forbidden by their religion. Rather, the threat to religious exercise was premised on the fact that high school education would “expos[e] Amish children to worldly infuences in terms of attitudes, goals, and values contrary to [their] beliefs” and would “substantially inter- fer[e] with the religious development of the Amish child.” 406 U. S., at 218.
That interference, the Court held, violated the parents' free exercise rights. The compulsory-education law “carrie[d] with it precisely the kind of objective danger to the free exercise of religion that the First Amendment was designed to prevent” because it placed Amish children into “an Page Proof Pending Publication environment hostile to Amish beliefs,” where they would face “pressure to conform” to contrary viewpoints and lifestyles. Id., at 211, 218.
As our decision in Yoder refects, the question whether a law “substantially interfer[es] with the religious development” of a child will always be fact-intensive. Id., at 218. It will depend on the specifc religious beliefs and practices asserted, as well as the specifc nature of the educational requirement or curricular feature at issue. Educational requirements targeted toward very young children, for example, may be analyzed differently from educational requirements for high school students. A court must also consider the specifc context in which the instruction or materials at issue are presented. Are they presented in a neutral manner, or are they presented in a manner that is “hostile” to religious viewpoints and designed to impose upon students a “pressure to conform”? Id., at 211.
We now turn to the application of these principles to this case.
In light of the record before us, we hold that the Board's introduction of the “LGBTQ+-inclusive” storybooks—combined with its decision to withhold notice to parents and to forbid opt outs—substantially interferes with the religious development of their children and imposes the kind of burden on religious exercise that Yoder found unacceptable.
To understand why, start with the storybooks themselves.
Like many books targeted at young children, the books are unmistakably normative. They are clearly designed to present certain values and beliefs as things to be celebrated and certain contrary values and beliefs as things to be rejected. Take, for example, the message sent by the books concerning same-sex marriage. Many Americans “advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned.” Obergefell v. Hodges, 576 U. S. 644, 679 (2015). That group includes each of the Page Proof Pending Publication parents in this case. App. to Pet. for Cert. 530a, 537a, 543a, 625a. The storybooks, however, are designed to present the opposite viewpoint to young, impressionable children who are likely to accept without question any moral messages conveyed by their teachers' instruction.
For example, the book Prince & Knight clearly conveys the message that same-sex marriage should be accepted by all as a cause for celebration. The young reader is guided to feel distressed at the prince's failure to fnd a princess, and then to celebrate when the prince meets his male partner. See id., at 397a–401a, 419a–423a. The book relates that “on the two men's wedding day, the air flled with cheer and laughter, for the prince and his shining knight would live happily ever after.” Id., at 424a. Those celebrating the same-sex wedding are not just family members and close friends, but the entire kingdom. For young children, to whom this and the other storybooks are targeted, such celebration is liable to be processed as having moral connotations. If this same-sex marriage makes everyone happy and leads to joyous celebration by all, doesn't that mean it is in every respect a good thing? High school students may understand that widespread approval of a practice does not necessarily mean that everyone should accept it, but very young children are most unlikely to appreciate that fne point.
Uncle Bobby's Wedding, the only book that the dissent is willing to discuss in any detail, conveys the same message more subtly. The atmosphere is jubilant after Uncle Bobby and his boyfriend announce their engagement. Id., at 286a (“Everyone was smiling and talking and crying and laughing” (emphasis added)). The book's main character, Chloe, does not share this excitement. “ `I don't understand!' ” she exclaims, “ `Why is Uncle Bobby getting married?' ” Id., at 288a. The book is coy about the precise reason for Chloe's question, but the question is used to tee up a direct message to young readers: “ `Bobby and Jamie love each other,' said Page Proof Pending Publication Page Proof Pending Publication Mummy.
`When grown-up people love each other that much, sometimes they get married.' ” Ibid. The book therefore presents a specifc, if subtle, message about marriage. It asserts that two people can get married, regardless of whether they are of the same or the opposite sex, so long as they “ `love each other.' ” Ibid. That view is now accepted by a great many Americans, but it is directly contrary to the religious principles that the parents in this case wish to instill in their children.
It is signifcant that this book does not simply refer to same-sex marriage as an existing practice. Instead, it presents acceptance of same-sex marriage as a perspective that should be celebrated. The book's narrative arc reaches its peak with the actual event of Uncle Bobby's wedding, which is presented as a joyous event that is met with universal approval. See id., at 300a–305a. And again, there are many Americans who would view the event that way, and it goes without saying that they have every right to do so.
But other Americans wish to present a different moral message to their children. And their ability to present that message is undermined when the exact opposite message is positively reinforced in the public school classroom at a very young age.
Next, consider the messages sent by the storybooks on the subject of sex and gender. Many Americans, like the parents in this case, believe that biological sex refects divine creation, that sex and gender are inseparable, and that children should be encouraged to accept their sex and to live accordingly. Id., at 530a–531a, 538a–540a, 543a, 625a. But the challenged storybooks encourage children to adopt a contrary viewpoint. Intersection Allies presents a transgender child in a sex-ambiguous bathroom and proclaims that “[a] bathroom, like all rooms, should be a safe space.” Id., at 323a. The book also includes a discussion guide that asserts that “at any point in our lives, we can choose to identify with one gender, multiple genders, or neither gender” and asks children “What pronouns ft you best?” Id., at 350a (boldface in original). The book and the accompanying discussion guidance present as a settled matter a hotly contested view of sex and gender that sharply conficts with the religious beliefs that the parents wish to instill in their children. The book Born Ready presents similar ideas in an even less veiled manner. The book follows the story of Penelope, an apparently biological female who asserts “ `I AM a boy.' ” Id., at 458a. Not only does the story convey the message that Penelope is a boy simply because that is what she chooses to be, but it slyly conveys a positive message about transgender medical procedures. Penelope says the following to her mother: “ `I love you, Mama, but I don't want to be you. I want to be Papa. I don't want tomorrow to come because tomorrow I'll look like you. Please help me, Mama.
Help me be a boy.' ” Id., at 459a.
Penelope's mother then agrees that Penelope is a boy, and Penelope exclaims: “For the frst time, my insides don't feel like fre. They feel like warm, golden love.” Id., at 462a. To young children, the moral implication of the story is that it is seriously harmful to deny a gender transition and that transitioning is a highly positive experience. The book goes so far as to present a contrary view as something to be reprimanded. When the main character's brother says “ `You can't become a boy. You have to be born one,' ” his mother corrects him by saying: “ `Not everything needs to make sense. This is about love.' ” Id., at 465a (emphasis in original). The upshot is that it is hurtful, perhaps even hateful, to hold the view that gender is inextricably bound with biological sex.
These books carry with them “a very real threat of undermining” the religious beliefs that the parents wish to instill in their children. Yoder, 406 U. S., at 218. Like the compulsory high school education considered in Yoder, these Page Proof Pending Publication books impose upon children a set of values and beliefs that are “hostile” to their parents' religious beliefs. Id., at 211. And the books exert upon children a psychological “pressure to conform” to their specifc viewpoints. Ibid. The books therefore present the same kind of “objective danger to the free exercise of religion” that we identifed in Yoder. Id., at 218.
That “objective danger” is only exacerbated by the fact that the books will be presented to young children by authority fgures in elementary school classrooms. As representatives of the Board have admitted, “there is an expectation that teachers use the LGBTQ-Inclusive Books as part of instruction,” and “there will be discussion that ensues.” App. to Pet. for Cert. 605a, 642a.
The Board has left little mystery as to what that discussion might look like. The Board provided teachers with suggested responses to student questions related to the books, and the responses make it clear that instruction related to the storybooks will “substantially interfer[e]” with the parents' ability to direct the “religious development” of their children. Yoder, 406 U. S., at 218. In response to a child who states that two men “can't get married,” teachers are encouraged to respond “[t]wo men who love each other can decide they want to get married . . . . There are so many different kinds of families and ways to be a family.” App. to Pet. for Cert. 628a–629a. If a child says “[h]e can't be a boy if he was born a girl,” the teacher is urged to respond “[t]hat comment is hurtful.” Id., at 630a. If a child asks “What's transgender?”, it is suggested that the teacher answer: “When we're born, people make a guess about our gender . . . . Sometimes they're right and sometimes they're wrong.” Ibid. In other contexts, we have recognized the potentially coercive nature of classroom instruction of this kind. “The State exerts great authority and coercive power through” public schools “because of the students' emulation of teachers Page Proof Pending Publication as role models and the children's susceptibility to peer pressure.” Edwards v. Aguillard, 482 U. S. 578, 584 (1987); see also Lee v. Weisman, 505 U. S. 577, 592 (1992) (“[T]here are heightened concerns with protecting freedom of conscience from subtle coercive pressure in the elementary and secondary public schools”). Young children, like those of petitioners, are often “impressionable” and “implicitly trus[t]” their teachers. App. to Pet. for Cert. 532a, 541a.8 Here, the Board requires teachers to instruct young children using storybooks that explicitly contradict their parents' religious views, and it encourages the teachers to correct the children and accuse them of being “hurtful” when they express a degree of religious confusion. Id., at 630a. Such instruction “carries with it precisely the kind of objective danger to the free exercise of religion that the First Amendment was designed to prevent.” Yoder, 406 U. S., at 218.
None of the counterarguments raised by the dissent, the Board, the courts below, or the Board's amici give us any reason to doubt the existence of a burden here.
a To start, we cannot accept the Board's characterization of the “LGBTQ+-inclusive” instruction as mere “exposure to objectionable ideas” or as lessons in “mutual respect.” Brief for Respondents 27–28; Tr. of Oral Arg. 101, 169. As we have explained, the storybooks unmistakably convey a par8The dissent tries to divert attention from the ages of the children subject to the instruction at issue here. It sees no difference between petitioners' young children and the high school students in Kennedy v. Brem erton School Dist., 597 U. S. 507 (2022). See post, at 602–603 (opinion of Sotomayor, J.). And it criticizes our decision for taking the age of students into account. Post, at 610. It goes without saying, however, that the age of the children involved is highly relevant in any assessment of the likely effect of instruction on the subjects in question. Page Proof Pending Publication Page Proof Pending Publication ticular viewpoint about same-sex marriage and gender.
And the Board has specifcally encouraged teachers to reinforce this viewpoint and to reprimand any children who disagree. That goes far beyond mere “exposure.”
We similarly disagree with the dissent's deliberately blinkered view that these storybooks and related instruction merely “[e]xpos[e] students to the `message' that LGBTQ people exist” and teach them to treat others with kindness. See post, at 593, 622 (opinion of Sotomayor, J.). In making this argument, the dissent ignores what anyone who reads these books can readily see. It ignores the messages that the authors plainly intended to convey. And, what is perhaps most telling, it ignores the Board's stated reasons for inserting these books into the curriculum and much of the instructions it gave to teachers. See supra, at 532–533, 535–537. Only by air-brushing the record can the dissent claim that the books and instructions are just about exposure and kindness.
In any event, the Board and the dissent are mistaken when they rely extensively on the concept of “exposure.” The question in cases of this kind is whether the educational requirement or curriculum at issue would “substantially inter- fer[e] with the religious development” of the child or pose “a very real threat of undermining” the religious beliefs and practices the parent wishes to instill in the child. Yoder, 406 U. S., at 218. Whether or not a requirement or curriculum could be characterized as “exposure” is not the touchstone for determining whether that line is crossed.
b We are also unpersuaded by the Board's reliance—echoed by the dissent—on our decisions in Bowen v. Roy, 476 U. S. 693 (1986), and Lyng v. Northwest Indian Cemetery Protec tive Assn., 485 U. S. 439 (1988). See post, at 607–610 (opinion of Sotomayor, J.). In Bowen, a father mounted a free exercise challenge to the Government's use of a Social Security number associated with his daughter. 476 U. S., at 695–698. And in Lyng, Native Americans and other plaintiffs raised a free exercise challenge to the construction of a paved road on federal land. 485 U. S., at 442–443. In those cases, we held that “[t]he Free Exercise Clause simply cannot be understood to require the Government to conduct its own internal affairs in ways that comport with the religious beliefs of particular citizens,” Bowen, 476 U. S., at 699, even when the conduct of such internal affairs might result in “incidental interference with an individual's spiritual activities,” Lyng, 485 U. S., at 450. And, we emphasized, that conclusion was appropriate because the government actions at issue did not “discriminate” against religion or “coerce individuals into acting contrary to their religious beliefs.” Id., at 450, 453; see also Bowen, 476 U. S., at 703 (plurality opinion).
These cases have no application here. The government's operation of the public schools is not a matter of “internal affairs” akin to the administration of Social Security or the selection of “fling cabinets.” Id., at 699–700 (majority opinion). It implicates direct, coercive interactions between the State and its young residents. The public school imposes rules and standards of conduct on its students and holds a limited power to discipline them for misconduct. See, e. g., Mahanoy Area School Dist. v. B. L., 594 U. S. 180, 187–188 (2021). If questions of public school curriculum were purely a matter of internal affairs, one could imagine that other First Amendment protections—such as the right to free speech or the right to be free from established religion— would also be inapplicable in the public school context. But our precedents plainly provide otherwise. See Tinker, 393 U. S., at 506; Weisman, 505 U. S., at 587.
c Next, we cannot agree with the decision of the lower courts to dismiss our holding in Yoder out of hand. Although the decision turned on a close analysis of the facts in the record, there is no reason to conclude that the decision Page Proof Pending Publication is “sui generis” or uniquely “tailored to [its] specifc evidence,” as the courts below reasoned. See 688 F. Supp. 3d, at 301; 102 F. 4th, at 211. We have never confned Yoder to its facts. To the contrary, we have treated it like any other precedent. We have at times relied on it as a statement of general principles. See, e. g., Espinoza, 591 U. S., at 486; Employment Div., Dept. of Human Resources of Ore. v. Smith, 494 U. S. 872, 881, and n. 1 (1990). And we have distinguished it when appropriate. See, e. g., Lyng, 485 U. S., at 456–457.
True, we noted in Yoder that the Amish had made a “convincing showing, one that probably few other religious groups or sects could make.” 406 U. S., at 235–236; see post, at 612 (Sotomayor, J., dissenting). But that language must be read in the context of the specifc claims raised by the Amish respondents. They did not challenge a discrete educational requirement or element of the curriculum, like the plaintiffs in Barnette. Instead, they asserted a right to withdraw their children from all conventional schooling after a certain age. Such a claim required them to show that the practice of formal education after the eighth grade would substantially and systemically interfere with the religious development of their children. It was on that point that they had made a “convincing showing” that others might struggle to make. But that says nothing at all about whether other parents could make the same convincing showing with respect to more specifc educational requirements. Yoder is an important precedent of this Court, and it cannot be breezily dismissed as a special exception granted to one particular religious minority.
It instead embodies a principle of general applicability, and that principle provides more robust protection for religious liberty than the alarmingly narrow rule that the dissent propounds. The dissent sees the Free Exercise Clause's guarantee as nothing more than protection against compulsion or coercion to renounce or abandon one's religion. See post, Page Proof Pending Publication at 601 (opinion of Sotomayor, J.) (“the Clause prohibits the government from compelling individuals, whether directly or indirectly, to give up or violate their religious beliefs”); ibid. (the “Free Exercise Clause forbids affrmatively compelling individuals to perform acts undeniably at odds with fundamental tenets of their religious beliefs” (internal quotation marks and alterations omitted)); ibid. (the “Free Exercise Clause prohibits laws that have a tendency to coerce individuals into acting contrary to their religious beliefs” (internal quotation marks omitted)). Under this test, even instruction that denigrates or ridicules students' religious beliefs would apparently be allowed.9 We reject this chilling vision of the power of the state to strip away the critical right of parents to guide the religious development of their children. Yoder and Barnette embody a very different view of religious liberty, one that comports with the fundamental values of the American people.
d We also disagree with the Fourth Circuit's view that the record before us is too “threadbare” to demonstrate a burden on religious exercise. 102 F. 4th, at 209. That court faulted the parents for failing to make specifc allegations describing how the books “are actually being used in classrooms.” Id., at 213. But when a deprivation of First Amendment rights 9In a footnote, the dissent retreats and suggests that denigration and ridicule could amount to prohibited “coercion.” See post, at 603, n. 5 (opinion of Sotomayor, J.). But this concession is either meaningless or undermines the dissent's entire argument. The primary defnition of “coercion” is little different from compulsion. See Webster's Third New International Dictionary 439 (1971) (“use of physical or moral force to compel to act or assent”); Random House Webster's Unabridged Dictionary 398 (2d ed. 2001) (“use of force or intimidation to obtain compliance”). If that is what the dissent means by “coercion,” then it is unclear why ridicule or denigration would qualify as coercion under its test. By contrast, if the dissent defnes “coercion” to require less, then it has failed to explain why our understanding of what the Clause protects is fawed.
Page Proof Pending Publication is at stake, a plaintiff need not wait for the damage to occur before fling suit. Susan B. Anthony List v. Driehaus, 573 U. S. 149, 158 (2014) (citing Steffel v. Thompson, 415 U. S. 452, 459 (1974)). Instead, to pursue a pre-enforcement challenge, a plaintiff must show that “the threatened injury is certainly impending, or there is a substantial risk that the harm will occur.” 573 U. S., at 158 (internal quotation marks omitted). Here, the parents have undoubtedly made that showing. The Board does not dispute that it is introducing the storybooks into classrooms, that it is requiring teachers to use them as part of instruction, and that it has encouraged teachers to approach classroom discussions in a certain way. See, e. g., Brief for Respondents 9–10. We do not need to “wait and see” how a particular book is used in a particular classroom on a particular day before evaluating the parents' First Amendment claims. We need only decide whether—if teachers act according to the clear and undisputed instructions of the Board—a burden on religious exercise will occur.
Besides, it is not clear how the Fourth Circuit expects the parents to obtain specifc information about how a particular book was used or is planned for use at a particular time. The Board has stated that it will not notify parents when the books are being read. And it is not realistic to expect parents to rely on after-the-fact reports by their young children to determine whether the parents' free exercise rights have been burdened. In circumstances like these, where the Board has clearly stated how it intends to proceed, the parents may base their First Amendment claim on the Board's representations.
e Finally, we reject the alternatives offered to parents by those who would defend the judgment below. The frst of those proposed alternatives is the suggestion that any parents who are unhappy about the instruction in question can simply “place their children in private school or . . . educate Page Proof Pending Publication them at home.” Brief for Religious and Civil-Rights Organizations as Amici Curiae 14; accord, Brief for National Education Association et al. as Amici Curiae 15; Brief for American Civil Liberties Union et al. as Amici Curiae 10; Tr. of Oral Arg. 61–62. The availability of this option is no answer to the parents' First Amendment objections. As we have previously held, when the government chooses to provide public benefts, it may not “condition the availability of [those] benefts upon a recipient's willingness to surrender his religiously impelled status.” Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 U. S. 449, 462 (2017) (internal quotations marks and alterations omitted). That is what the Board has done here. Public education is a public beneft, and the government cannot “condition” its “availability” on parents' willingness to accept a burden on their religious exercise. Ibid. Moreover, since education is compulsory in Maryland, see Md. Educ. Code Ann. § 7–301(a–1)(1), the parents are not being asked simply to forgo a public beneft. They have an obligation—enforceable by fne or imprisonment—to send their children to public school unless they fnd an adequate substitute. §§ 7–301(a)(3), (e).10 And many parents cannot afford such a substitute.
The provision of education is an expensive endeavor. In Montgomery County, as in many other jurisdictions, public 10In light of this obligation, Wisconsin v. Yoder, 406 U. S. 205 (1972), cannot be distinguished, as the dissent claims, see post, at 606 (opinion of Sotomayor, J.), on the ground that it involved compulsory school attendance. Here, the parents are being “affrmatively compel[led]” to do the same thing as the parents in Yoder: submit their children to instruction that would “substantially interfer[e] with the[ir] religious development.” 406 U. S., at 218. The dissent claims that the parents in Yoder, unlike petitioners, “were prohibited by the challenged law from engaging in religious teaching at home,” post, at 607, n. 6, but that is plainly untrue. All that the Wisconsin law required was that the children attend school until they reached the age of 16. Yoder, 406 U. S., at 207. The State made no effort to prevent religious training when students were not in school.
Page Proof Pending Publication education is the most signifcant expenditure in the county budget by a wide margin.11 In the 2025–2026 school year, the county expects to spend $3.6 billion on public schools, amounting to roughly $22,644 per student. See M. Elrich, County Executive, FY26 Recommended Operating Budget and FY26–FY31 Public Services Program, pp. 16 (message), 10–1 (Mar. 2025). To help fnance that budget, Montgomery County will levy property taxes and income taxes on all residents, regardless of whether they send their children to a public school. Id., at 5–10 to 5–11. Private elementary schools in Montgomery County are expensive; many cost $10,000 or more per year prior to fnancial aid.12 And homeschooling comes with a hefty price as well; it requires at least one parent to stay at home during the normal workday to educate children, thereby forgoing additional income opportunities. It is both insulting and legally unsound to tell parents that they must abstain from public education in order to raise their children in their religious faiths, when alternatives can be prohibitively expensive and they already contribute to fnancing the public schools.
Although the dissent does not follow suit in proposing that the objecting parents send their children to private school, it offers two other alternatives that are no better. First, it suggests that the parents in this case have no legitimate cause for concern because enforcement of the Board's policy 11In fscal year 2026, the county expects to spend 47.3% of its budget on public schools. See Montgomery County MD, Operating Budget by the Numbers (2025), https://apps.montgomerycountymd.gov/ BASISOPERATING/Common/Index.aspx. By comparison, the next greatest expenditure (public safety) is expected to account for just 10.6% of the budget. Ibid. 12See, e. g., Melvin J. Berman Hebrew Academy, Tuition and Financial Aid, https://www.bermanhebrewacademy.org/admissions/fnancial-aid; St. Bartholomew Catholic School, Tuition, https://www.school. stbartholomew.org/tuition-and-support; St. Bernadette Catholic School, 2025–2026 Tuition, https://saintbernadetteschool.org/tuition; Alim Academy, Tuition 2025–2026, https://alimacademy.org/tuition-2025-2026/. Page Proof Pending Publication would not prevent them from “teach[ing] their religious beliefs and practices to their children at home.” Post, at 607, n. 6 (opinion of Sotomayor, J.). This suggestion complements the dissent's narrow view of the right of parents to raise their children in accordance with their faith. According to the dissent, parents who send their children to public school must endure any instruction that falls short of direct compulsion or coercion and must try to counteract that teaching at home. The Free Exercise Clause is not so feeble. The parents in Barnette and Yoder were similarly capable of teaching their religious values “at home,” but that made no difference to the First Amendment analysis in those cases.
Mustering one last alternative, the dissent asserts that, under its approach, the parents would “remain free to raise objections to specifc material through the” democratic process. Post, at 619. In making this argument, the dissent seems to confuse our country with those in which laws enacted by a parliament or another legislative body cannot be challenged in court. In this country, that is not so.
Here, the Bill of Rights and the doctrine of judicial review protect individuals who cannot obtain legislative change. The First Amendment protects the parents' religious liberty, and they had every right to fle suit to protect that right.13
B
For these reasons, we conclude that the Board's introduction of the “LGBTQ+-inclusive” storybooks, combined with its no-opt-out policy, burdens the parents' right to the free exercise of religion. We now turn to the question whether that burden is constitutionally permitted.
13In any event, the dissent's argument ignores the extensive efforts already made by parents in Montgomery County. Indeed, hundreds of parents beseeched the Board to allow opt outs, but those pleas fell largely on deaf ears. Supra, at 537–539.
Page Proof Pending Publication Under our precedents, the government is generally free to place incidental burdens on religious exercise so long as it does so pursuant to a neutral policy that is generally applicable. Smith, 494 U. S., at 878–879. Thus, in most circumstances, two questions remain after a burden on religious exercise is found. First, a court must ask if the burdensome policy is neutral and generally applicable. Second, if the frst question can be answered in the negative, a court will proceed to ask whether the policy can survive strict scrutiny. Under that standard, the government must demonstrate that “its course was justifed by a compelling state interest and was narrowly tailored in pursuit of that interest.” Kennedy, 597 U. S., at 525.
Here, the character of the burden requires us to proceed differently. When the burden imposed is of the same character as that imposed in Yoder, we need not ask whether the law at issue is neutral or generally applicable before proceeding to strict scrutiny. That much is clear from our decisions in Yoder and Smith.
In Yoder, the Court rejected the contention that the case could be “disposed of on the grounds that Wisconsin's requirement . . . applies uniformly to all citizens of the State and does not, on its face, discriminate against religions or a particular religion.” 406 U. S., at 220. Instead, the Court bypassed those issues and proceeded to subject the law to close judicial scrutiny, asking whether the State's interest “in its system of compulsory education [was] so compelling that even the established religious practices of the Amish must give way.” Id., at 221.
Then, in Smith, we recognized Yoder as an exception to the general rule that governments may burden religious exercise pursuant to neutral and generally applicable laws. Specifcally, we described Yoder as a case “in which we have held that the First Amendment bars application of a neutral, generally applicable law to religiously motivated action.” Page Proof Pending Publication Smith, 494 U. S., at 881. And we explained that the general rule did not apply in Yoder because of the special character of the burden in that case. 494 U. S., at 881. Thus, when a law imposes a burden of the same character as that in Yoder, strict scrutiny is appropriate regardless of whether the law is neutral or generally applicable.14 As we have explained, the burden in this case is of the exact same character as the burden in Yoder. The Board's policies, like the compulsory-attendance requirement in Yoder, “substantially interfer[e] with the religious development” of the parents' children. 406 U. S., at 218. And those policies pose “a very real threat of undermining” the religious beliefs and practices that the parents wish to instill in their children. Ibid. We therefore proceed to consider whether the policies can survive strict scrutiny.
To survive strict scrutiny, a government must demonstrate that its policy “advances `interests of the highest order' and is narrowly tailored to achieve those interests.” Fulton v. Philadelphia, 593 U. S. 522, 541 (2021) (quoting Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U. S. 520, 546 (1993)). In its flings before us, the Board asserts that its curriculum and no-opt-out policy serve its compelling 14In Smith, the Court speculated that the general rule was not applied in Yoder because it “involved not the Free Exercise Clause alone, but the Free Exercise Clause in conjunction with other constitutional protections.” 494 U. S., at 881. We need not consider whether the case before us qualifes as such a “hybrid rights” case. Contra, post, at 626 (Sotoimposed here is of the exact same character as that in Yoder. That is enough to conclude that here, as in Yoder, strict scrutiny is appropriate regardless of whether the policy is neutral and generally applicable. We acknowledge the many arguments pressed by the parents that the Board's policies are not neutral and generally applicable. See Brief for Petitioners 35–44. But we need not consider those arguments further given that strict scrutiny is appropriate under Yoder.
Page Proof Pending Publication Page Proof Pending Publication interest in “maintaining a school environment that is safe and conducive to learning for all students.” Brief for Respondents 49 (internal quotation marks omitted). It relies on the statements of an MCPS offcial who testifed that permitting opt outs would result in “signifcant disruptions to the classroom environment” and would expose certain students to “social stigma and isolation.” App. to Pet. for Cert. 607a–608a.
We do not doubt that, as a general matter, schools have a “compelling interest in having an undisrupted school session conducive to the students' learning.” Grayned v. City of Rockford, 408 U. S. 104, 119 (1972). But the Board's conduct undermines its assertion that its no-opt-out policy is necessary to serve that interest. As we have noted, the Board continues to permit opt outs in a variety of other circumstances, including for “noncurricular” activities and the “Family Life and Human Sexuality” unit of instruction, for which opt outs are required under Maryland law. App. to Pet. for Cert. 672a; Brief for Respondents 10–11 (citing Code of Md. Regs., tit. 13A, § 04.18.01(D)(2)). And the Board goes to great lengths to provide independent, parallel programming for many other students, such as those who qualify as emergent multilingual learners (EMLs) or who qualify for an individualized educational program.15 15As of September 30, 2023, 24.6% of Montgomery County elementary school students qualifed as EMLs. See MCPS, School Profles, MCPS Elementary Summary Dashboard, at Slide 1, https://www. montgomeryschoolsmd.org/school-profles/. Many MCPS schools provide EML students with independent parallel programming pursuant to a “[p]ullout” model, “in which . . . teachers work with EML students outside of regular content classrooms.” M. McKnight, MCPS Superintendent, English Language Development Program Evaluation Report, pt. 2, pp. 2– 4 to 2–5 (Dec. 15, 2022) (prepared by Center for Applied Linguistics). In the 2022–2023 school year, “approximately one out of every eight students” in MCPS schools received “special education services” pursuant to an “ `Individualized Educational Program.' ” Brief for 66 Members of Congress as Amici Curiae 18–19 (internal quotation marks omitted). This robust “system of exceptions” undermines the Board's contention that the provision of opt outs to religious parents would be infeasible or unworkable. Fulton, 593 U. S., at 542.
The Board's attempt to distinguish the other programs for which it provides opt outs is unconvincing. The Board asserts that the “Family Life and Human Sexuality” unit of instruction is meaningfully different because it is “discrete” and “predictably timed,” and therefore schools can accommodate opt outs without producing the same “absenteeism and administrability concerns.” Brief for Respondents 46. But this assertion only tends to show that the Board's concerns about “administrability” are a product of its own design. If the Board can structure the “Family Life and Human Sexuality” curriculum to more easily accommodate opt outs, it could structure instruction concerning the “LGBTQ+-inclusive” storybooks similarly. The Board cannot escape its obligation to honor parents' free exercise rights by deliberately designing its curriculum to make parental opt outs more cumbersome.
The Board also suggests that permitting opt outs from the “LGBTQ+-inclusive” storybooks would be especially unworkable because, when it permitted such opt outs in the past, they resulted in “unsustainably high numbers of absent students.” Id., at 12. But again, the Board's concern is self-inficted. The Board is doubtless aware of the presence in Montgomery County of substantial religious communities whose members hold traditional views on marriage, sex, and gender. When it comes to instruction that would burden the religious exercise of parents, the Board cannot escape its obligations under the Free Exercise Clause by crafting a curriculum that is so burdensome that a substantial number of parents elect to opt out. There is no de maximis exception to the Free Exercise Clause.
Nor can the Board's policies be justifed by its asserted interest in protecting students from “social stigma and isolaPage Proof Pending Publication Page Proof Pending Publication tion.” App. to Pet. for Cert. 608a. In Maryland, the “Family Life and Human Sexuality” unit of instruction includes discussions about sexuality and gender. See Maryland State Dept. of Ed., Maryland Comprehensive Health Education Framework 33 (June 2021). Yet the Board has not suggested that the legally-required provision of opt outs from that curriculum has resulted in stigma or isolation. Even if it did, the Board cannot purport to rescue one group of students from stigma and isolation by stigmatizing and isolating another. A classroom environment that is welcoming to all students is something to be commended, but such an environment cannot be achieved through hostility toward the religious beliefs of students and their parents.
We acknowledge that “courts are not school boards or legislatures, and are ill-equipped to determine the `necessity' of discrete aspects of a State's program of compulsory education.” Yoder, 406 U. S., at 235. It must be emphasized that what the parents seek here is not the right to micromanage the public school curriculum, but rather to have their children opt out of a particular educational requirement that burdens their well-established right “to direct `the religious upbringing' of their children.” Espinoza, 591 U. S., at 486 (quoting Yoder, 406 U. S., at 213–214). We express no view on the educational value of the Board's proposed curriculum, other than to state that it places an unconstitutional burden on the parents' religious exercise if it is imposed with no opportunity for opt outs. Providing such an opportunity would give the parents no substantive control over the curriculum itself.
Several States across the country permit broad opt outs from discrete aspects of the public school curriculum without widespread consequences. See, e. g., 22 Pa. Code § 4.4(d)(3) (2025); Minn. Stat. § 120B.20 (2024); Ariz. Rev. Stat. Ann. §§ 15–102(A)(4), (8)(c) (2024). And prior to the introduction of the “LGBTQ+-inclusive” storybooks, the Board's own “Guidelines for Respecting Religious Diversity” gave parents a broad right to have their children excused from specifc aspects of the school curriculum. These facts belie any suggestion that the provision of parental opt outs in circumstances like these “will impose impossible administrative burdens on schools.”
Post, at 615 (Sotomayor, J., dissenting).
IV
The Board's introduction of the “LGBTQ+-inclusive” storybooks, along with its decision to withhold opt outs, places an unconstitutional burden on the parents' rights to the free exercise of their religion.
The parents have therefore shown that they are likely to succeed in their free exercise claims. They have likewise shown entitlement to a preliminary injunction pending the completion of this lawsuit. In the absence of an injunction, the parents will continue to be put to a choice: either risk their child's exposure to burdensome instruction, or pay substantial sums for alternative educational services. As we have explained, that choice unconstitutionally burdens the parents' religious exercise, and “ `[t]he loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.' ” Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U. S. 14, 19 (2020) (per curiam) (quoting Elrod v. Burns, 427 U. S. 347, 373 (1976) (plurality opinion)). Furthermore, in light of the strong showing made by the parents here, and the lack of a compelling interest supporting the Board's policies, an injunction is both equitable and in the public interest. The petitioners should receive preliminary relief while this lawsuit proceeds. See Winter, 555 U. S., at 20. Specifcally, until all appellate review in this case is completed, the Board should be ordered to notify them in advance whenever one of the books in question or any other similar book is to be used in any way and to allow them to have their children excused from that instruction.
Page Proof Pending Publication The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Page Proof Pending Publication Appendix to opinion of the Court APPENDIX Page Proof Pending Publication App. to Pet. for Cert. 286a Appendix to opinion of the Court Page Proof Pending Publication App. to Pet. for Cert. 287a Appendix to opinion of the Court Page Proof Pending Publication App. to Pet. for Cert. 288a Appendix to opinion of the Court Page Proof Pending Publication App. to Pet. for Cert. 323a Appendix to opinion of the Court Page Proof Pending Publication App. to Pet. for Cert. 350a Appendix to opinion of the Court Page Proof Pending Publication App. to Pet. for Cert. 424a Appendix to opinion of the Court Page Proof Pending Publication App. to Pet. for Cert. 459a Appendix to opinion of the Court Page Proof Pending Publication App. to Pet. for Cert. 461a Appendix to opinion of the Court Page Proof Pending Publication App. to Pet. for Cert. 462a Appendix to opinion of the Court Page Proof Pending Publication App. to Pet. for Cert. 465a