A federal court is upholding a Maryland district policy barring parents of young K-5 children from opting them out of lessons on gender identity and sexuality. The mandate, implemented by the Montgomery County Public Schools board in March 2023, was upheld by a 2-1 panel of the U.S. Court of Appeals for the Fourth Circuit.
Christian, Jewish, and Muslim parents argued through their representatives from the Becket Fund for Religious Liberty that the new policy infringed upon their rights to direct their children’s education and freely practice their faith. They highlighted books involved in the LGBTQ curriculum such as The Pride Puppy, Uncle Bobby’s Wedding, and Born Ready: The True Story of a Boy Named Penelope, which were argued to be unsuitable for young children.
WATCH: Trans Activists Sing ‘We’re Coming For Your Children’ at Pride Rally. https://t.co/YepV6GcLro
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The parents also took issue with how staff were directed to handle questions or concerns about the LGBTQ content in the curriculum. Teachers’ guidance suggests that, for example, if a student says “a girl… can only like boys because she’s a girl,” a teacher can “[d]isrupt the either/or thinking by saying something like: actually, people of any gender can like whoever they like.”
Judge A. Marvin Quattlebaum, Jr., dissenting against the two judges who upheld the opt-out ban, said the school board was forcing parents to compromise their religious beliefs or forego a public education for their children, infringing their constitutional rights.
“I also find that the board’s actions, at least under this record, were neither neutral nor generally applicable,” he said.
The parents’ representatives say they intend to appeal to the Supreme Court, which is mainly comprised of conservative justices thanks to Donald Trump.
