The Supreme Court on Friday ruled that a group of Maryland parents have a right to opt their elementary-school-aged children out of instruction that includes LGBTQ+ themes. By a vote of 6-3, the justices agreed with the parents – who are Muslim, Catholic, and Ukrainian Orthodox – that the Montgomery County school board’s refusal to provide them with that option violates their constitutional right to freely exercise their religion.

Writing for the majority, Justice Samuel Alito acknowledged 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.” But he 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’” under the free exercise clause of the First Amendment.

Justice Sonia Sotomayor dissented, in an opinion joined by Justices Elena Kagan and Ketanji Brown Jackson. Sotomayor warned that Friday’s decision “threatens the very essence of a public education” because it “strikes at the core premise of public schools: that children may come together to learn not the teachings of a particular faith, but a range of concepts and views that reflect our entire society.”