Mahmoud v. Taylor - Opting Out is Simply Not How a Democracy Works

I’ve recently read several books about the Civil War in an attempt to better understand the roots of our democracy.  The Civil War is a reflection point in the history of our country that found us deeply divided and willing to voluntarily end our democracy.  Secession by one part of the country became the opt out that threatened to destroy our fledgling country.  The act of opting out by one part in a democracy threatens the preservation of democratic ideals.  A democracy of the people doesn’t allow for opting out by the people.

Michael Vornberg argues in his book, Lincoln’s Peace, that The Confederacy never opted back into The Union.  He questions whether the American Civil War was a war for human rights and for the emancipation of those enslaved in a brutal economic agrarian system.  If indeed it was, why were ‘freemen’ hunted, tortured and hung to die for years to follow their so-called emancipation.  Vornberg also questions whether the Civil War had a clear ending date.  Although the generals of the Confederacy surrendered on numerous battle fields, the rebellion against the ‘northern elites’ continues to this day.

These questions surrounding opting out in the Civil War made me think of the June 27, 2025 SCOTUS decision in Mahmoud v. Taylor.  The decision in this case, written by Sam Alito, allows families who have children in public schools to opt-out of certain public school lessons that they find objectionable based on their religious beliefs.  Examples that were found to be offensive include a story book about a puppy that gets lost at a pride parade.  This opinion by Alito is blatantly discriminatory against the LGBTQ community.  This case boils down to Christian religious liberty v.s. the civil rights of the LGBTQ members of our communities.  Ironically, the books cited in Mahmoud are a direct reflection of our communities.  A little girl with two dads?  That’s us.  Two moms and a little boy?  That’s my family.  This is simply the world we live in Mr. Alito. 

I want to close these comments with a quote found in The New Yorker Magazine that summarized  readers' comments on Lincoln’s Peace and the act of opting out.  John Ross of Bend, Oregon said the following:

“..Lincoln was right:  no political institution - not a nation, a state or a school district - can survive if a disaffected minority is free to withdraw.  The institution can endure only if its constituents are obligated to go along with measures they dislike and to accept that they may act on their objections only within the rules of the institution.  If splintering the institution is always an option, the result is ongoing anarchy.”

Opting out of a democracy is not an option.  Mr. Alito, you have bent the rules of the institution and threaten our democracy with your call to religious liberty.