Parents in Maryland’s largest school district asked a federal appeals court yesterday to reinstate an opt-out policy for the district’s LGBT-themed curriculum, days after a district court determined that opt-outs are “not a fundamental right.”
“Children deserve the guidance of their parents when learning about complex issues around gender and sexuality,” Eric Baxter, senior counsel at Becket Law, said. “That’s why we are asking the Fourth Circuit to step in to protect the right of parents to guide their children’s education consistent with their religious beliefs.”
Montgomery County Public Schools originally allowed parents to opt their children out of its gender and sexuality curriculum, before the district removed the opt-out option in March. Becket Law represents Muslim, Christian, and Jewish families, who say that the district’s mandatory LGBT curriculum hinders their ability to raise children in a manner that is consistent with their faith.
MCPS introduced its gender and sexuality curriculum last fall. It instructs pre-K through eighth grade students to read aloud and discuss “inclusive” storybooks, which contain themes of sex, intersexuality, and transgenderism.
A district court denied parents’ appeal last week, ruling that “the plaintiffs’ asserted due process right to direct their children’s upbringing by opting out of a public-school curriculum that conflicts with their religious views is not a fundamental right.” Becket said it expects a preliminary decision on yesterday’s motion early this fall.
Grace Morrison’s ten-year-old daughter has Down syndrome and attention deficit disorder, and has been an MCPS student for seven years. Her learning disabilities make it “practically impossible for [her family] to contradict” instruction contrary to their Roman Catholic faith, the Morrison family said. Even though neurodivergent students may be “uniquely vulnerable” to LGBTQ instruction, the district judge ruled last week, “nothing suggests she will be pressured to affirm or agree with the views presented in the storybooks.” Grace, who is a board member with the local parents and teachers association, Kids First, is continuing the fight.
“The Board forged ahead with its storybook mandate over the concerns of thousands of parents and its own principals,” Morrison said in a press release. “But the School Board does not replace parents, who know best about how and when to introduce their elementary-age children to complex and sensitive issues around gender and sexuality.”