Mahmoud v. Taylor

The school board's reversal of its opt-out policy in 2023—a reversal that demonstrated the board retained discretion to accommodate religious objections—meant the mandatory curriculum did not satisfy Fulton's requirement of general applicability, disqualifying it from Smith's more permissive rational-basis standard. Because the board could choose to exempt families based on religious objection, strict scrutiny applied, requiring the school board to prove a compelling governmental interest that could not be achieved through less restrictive means. The parents' sincere religious beliefs—held across Muslim, Christian, and Jewish traditions—imposed a substantial burden on free exercise that the curriculum's inclusivity goals did not compel under heightened review. The Court thus narrowed Smith's application by extending Fulton's discretion-based framework to the public school context, favoring parental religious liberty over uniform curriculum administration.