Mahmoud v. Taylor: New interpretations of the Free Exercise Clause and Curriculum concerns

• In Event: The Role of Educational Policy in a Democratic Republic, as Framed by the Constitution and the Courts

Abstract

The objective of this paper is to explore the implications of Mahmoud v. Taylor’s position that parents be allowed to opt their children out of any instruction for curriculum creation, how the Mahmoud decision has created a wicked problem (Rittel & Webber, 1973) for K-12 education in matriculating students in fulfillment of state standards in a system where parents can cloak any objection to any curriculum as violating their right to direct the religious upbringing of their child, and to describe the framework of interpretation of the free exercise clause in elementary and secondary education established by the Mahmoud decision that I call “the priesthood of one.” This paper situates itself at the intersection of education law and classroom practice.

Author

• Nicholas E. Mitchell, University of Kansas