Public education in America is under serious threat
— not just from political rhetoric, but from two pivotal Supreme Court cases that could redefine what “public” even means. In Drummond v. Oklahoma and Mahmoud v. Montgomery County, SCOTUS will consider whether religious schools deserve public funding and whether parents can legally opt their children out of shared curriculum. These cases are part of a long-term strategy to erode public schooling — and the consequences could reshape education as we know it.
“If every family gets public money to fund their private truth… what’s left of the public square?”
That’s the question we have to face — and fast.
Because while we’ve been arguing over
books, flags, and bathroom policies, a slow, methodical legal campaign has been reshaping the future of American public education — one court case at a time.
This month, the Supreme Court is hearing oral arguments in two major cases:
Drummond v. Oklahoma and Mahmoud v. Montgomery County — cases that could fundamentally change who our schools are for, what they’re allowed to teach, and whether “public” still means shared.
Let’s break this down.
Case #1: Drummond v. Oklahoma
What it’s about:
Oklahoma denied public funding to St. Isidore of Seville, a proposed religious charter school. In response, the school sued — and now the case is poised to go national.
Why it matters:
If SCOTUS rules in favor of the school, every state with charter programs could be forced to allow religious charter schools to receive public funding. And yes — even if those schools restrict who they enroll, what they teach, or whether they follow state curriculum standards.
What’s at stake:
$26 billion in public charter funding could be opened up to religious institutions
States may lose the ability to set secular standards for publicly funded schools
A precedent could be set allowing religious schools to selectively enroll only those of their faith
That’s not just school choice. That’s state-sponsored religious education.
Case #2: Mahmoud v. Montgomery County
What it’s about:
Parents in Maryland sued the local school district after it introduced LGBTQ-inclusive storybooks into the elementary curriculum. At first, the district offered opt-outs — then rescinded them. The Mahmoud family claims this violates their Free Exercise rights.
Why it matters:
A ruling in favor of the plaintiffs could grant broad parental opt-out rights for any public school content a parent finds religiously objectionable — not just LGBTQ books.
Let’s be clear:
We’re not talking about one kindergarten book. We’re talking about the ability to opt kids out of biology, evolution, literature, or even historical content that doesn’t fit a family’s religious worldview.
And what happens when 30 different parents want 30 different versions of the truth?
You get 31 school systems in one classroom — and no shared foundation for democracy.
A Legal Timeline Worth Your Attention
This didn’t start in 2024.
This is part of a long game, and it’s been carefully, quietly advancing:
2002 – Zelman v. Simmons-Harris: SCOTUS upholds vouchers for religious schools
2020 – Espinoza v. Montana Dept. of Revenue: Religious schools must have access to public funds if other private schools do
2022 – Carson v. Makin: Maine must fund religious schools if it funds any non-public option
2024 – Drummond and Mahmoud: Religious schools demand charter funding; parents demand legal veto power over curriculum
That’s not a coincidence. That’s a playbook.
And the goal is clear: dismantle the shared, secular foundation of public education and replace it with taxpayer-funded tribalism.
Let’s Talk About the Narrative
For years, conservatives have pushed the idea that public schools are “woke factories” — out of touch, anti-American, and anti-parent. The term “parental rights” has become a Trojan horse for reshaping public education in the image of the most vocal minority.
But here’s the truth:
Most parents still trust and support their local public schools.
What they want are safe, inclusive classrooms where their kids can learn how to think — not be told what to think.
And that includes learning to live alongside people who think, believe, and love differently.
So What Happens If They Win?
If Drummond and Mahmoud both go the way the far-right wants, here’s the future we’re looking at:
Religious charter schools with full public funding, but no obligation to reflect public values
Families opting out of shared curriculum, fragmenting classrooms by belief
Public schools defunded, demonized, and dismantled by the very legal system that once protected them
And worst of all?
We’ll have lost the one place where America still comes together.
Because that’s what school is supposed to be.
A nursery of democracy. A place where kids learn not just math and science, but citizenship — how to ask questions, wrestle with difference, and grow into thoughtful members of a shared society.
What You Can Do
Share this post — tag your reps, your school board, your neighbors
Use your voice at local school board meetings and curriculum hearings
Follow SCOTUS coverage at SCOTUSblog and Brennan Center for Justice
Support public education orgs like Public Funds Public Schools and Network for Public Education
Vote with your values — especially in down-ballot state and school board races
- Follow us on TikTok for a lot more information and posts
Final Word
This is Data Resistance for a reason.Because propaganda isn’t always loud. Sometimes it’s a court case, a funding rule, or a curriculum tweak.
Sometimes the revolution isn’t televised — it’s litigated.
And if we don’t show up?We’ll wake up one day and realize our public square has been privatized — piece by piece, school by school.
Let’s not let that happen.
Follow me for more deep dives — and share this with someone who still believes in the promise of public schools.
Remember to check out Walden‘s weekly recap.
We’ve got work to do.