Opting out of LGBTQ Educational Materials in California

on September 01, 2025

In June 2025, the U.S. Supreme Court ruled that parents have the constitutional right to opt their children out of LGBTQ+ materials in public schools if these materials conflict with their religious beliefs. This ruling has led to concerns about how schools will manage these opt-out requests and the potential for legal challenges.

California currently requires students to learn the history of gay people fighting for civil rights and the story of the country’s first openly gay elected official, Harvey Milk. The San Francisco supervisor was assassinated in 1978 and posthumously awarded the Presidential Medal of Freedom by former President Barack Obama.

Conservative leaders in California are predicting schools will be swamped with opt-out demands. That hasn’t happened yet, but attorneys agree that this latest trends in the culture wars will likely cause contention, confusion, and possible litigation, because the court offered no guidance on how opt-out requests should be handled. It also didn't outline how religious belief claims can or should be verified, and how schools should handle potential logistical issues.

Conservative activist Brenda Lebsack, a Santa Ana Unified School District board member, said mass opt-out requests are unlikely to come until school districts themselves notify parents of the new right the court granted. “Opt-out forms should really be coming from the schools because if you’re getting opt-out forms from all these different law firms, and they’re all different, that could get really confusing,” she said.

At the Manteca Unified School District in San Joaquin County, Assistant Superintendent Victoria Brunn said late last week that only one “opt-out request has been received so far. She said the parents who made it were told it would be granted.

A spokesperson for the Turlock Unified School District in Stanislaus County said it had received a single inquiry about the opt-out process and created a standard form for requests, but that no requests had been received. Parents can either use the form or email a teacher, citing “specific instructional content” a student should not receive, according to a copy provided to EdSource.

“Teachers can also provide notice of upcoming curriculum,” the spokesperson wrote in an email.

At the Hope Elementary School District in Santa Barbara County, Superintendent Anne Hubbard created an opt-out form. As of Friday, it had been used once to opt out two children in the same family, she said. 

A nonprofit Riverside County law firm, Advocates for Faith & Freedom, created a letter, calling for children to be removed from any teaching involving “gender identity, the use of pronouns inconsistent with biological sex, sexual activity or intercourse of any kind, sexual orientation, or any LGBTQ+ topics” so parents can raise children “in the fear and knowledge of the Lord.”

The letter gives principals 10 calendar days to respond in writing. Lack of a response “will be considered a denial” that will cause parents to “proceed accordingly.”

Erin Mersino, an attorney at the firm, said via email, “responses were just starting to come in,” and that it was too soon to discuss the letter’s effectiveness. Other groups are circulating at least four similar opt-out templates or email forms.

The 10-day response demand in the nonprofit’s letter “is insufficient in my opinion,” said Mark Bresee, a La Jolla attorney specializing in education law.

Bresee also questioned if “a blanket, year-long ‘opt-out’ demand” is consistent with Alito’s decision, noting that the justice wrote that the “religious development of a child will always be fact-intensive. It will depend on the specific religious beliefs and practices asserted, as well as the specific nature of the educational requirement or curricular feature at issue.”

It’s unclear how far and fast those letters are circulating. Some school officials said they have received a few opt-out notices.

Forms to Opt Out of LGBTQ Materials at Public Schools

Double Umbrella Publications Opt Out Form

Parent Union Opt Out Form

Family Research Council Opt Out Form