A recent federal court decision in Maryland’s Montgomery County has raised concerns for many parents, as the court determined they won’t be able to exclude their children from reading material that features LGBTQ+ content.
This particular case, known as Tamer Mahmoud v. Monica B. McKnight, saw parents attempting to restore a previous Montgomery County Public Schools (MCPS) policy.
Under the earlier rule, parents had the discretion to exempt their children from lessons involving books with LGBTQ+ characters in elementary schools. They emphasized that some of this content went against their family’s religious beliefs.
However, Judge Deborah L. Boardman, who was appointed under the Biden administration, asserted, “the parents’ 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.”
As a result, she turned down the parents’ plea for a preliminary injunction which would have enabled them to opt out their children ahead of the school start date on August 28.
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Highlighting her rationale, Judge Boardman stated, “Because the plaintiffs have not established any of their claims is likely to succeed on the merits, the Court need not address the remaining preliminary injunction factors… the balance of the equities and the public interest favor denying an injunction to avoid undermining the School Board’s legitimate interests in the no-opt-out policy.”
The policy change can be traced back to last year when MCPS added over 22 new books that showcase LGBTQ+ characters to the classrooms in an effort to promote diversity.
Originally, parents were informed about these books and had the opportunity to exempt their children from these lessons, akin to other parts of the curriculum. However, in a notable policy shift in March, MCPS communicated that this privilege would be withdrawn.
This sparked legal action from a collective of religious families of varied faiths, who alleged that this change infringed upon their First Amendment rights, directly affecting how they imparted religious teachings to their children.
However, Judge Boardman had a different perspective, asserting, “The no-opt-out policy does not pressure the parents to refrain from teaching their faiths… The parents are not pressured into violating their religious beliefs in order to obtain the benefits of a public education.”
Eric Baxter, VP and Senior Counsel at Becket, the legal firm that represented the families, commented that the verdict “flies in the face of parental freedom, childhood innocence, and basic human decency.”
“The court’s decision is an assault on children’s right to be guided by their parents on complex and sensitive issues regarding human sexuality. The School Board should let kids be kids and let parents decide how and when to best educate their own children consistent with their religious beliefs,” added Baxter.
The books that were introduced span from pre-K to eighth grade, encompassing subjects like gay pride parades, gender transitions, and pronoun preferences.
MCPS has been scrutinized in the past for several instances related to sexual abuse. According to a 2018 ABC7 report, since 2009, the public school system has allocated over $1 million to settle lawsuits where students were sexually violated by teachers or staff.
Moreover, a track coach at Northwood High School in Silver Springs was arrested in 2021 on charges related to child sexual abuse and molestation.
