Schools

MoCo Parents Can't Opt Kids Out Of LGBTQ+ Books, Judge Rules: Report

A federal judge denied an injunction request by parents who claim a Montgomery County school policy violates their First Amendment rights.

GREENBELT, MD — A federal judge on Thursday denied a request by a group of parents that would have temporarily required Montgomery County Public Schools to allow their children to opt out of reading LGBTQ+ books because the texts violate their religious beliefs, according to a MoCo360 report.

Several Muslim and Christian families sued the district and asked a judge to grant them permission to opt out of reading the books before the school year begins. The lawsuit is also seeking a permanent exemption.

In a 60-page ruling obtained by MoCo360, U.S. District Judge Deborah Boardman denied the group's request for a temporary injunction, stating that "mere exposure in public school to ideas that contradict religious beliefs does not burden the religious exercise of students or parents.”

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“The parents still may instruct their children on their religious beliefs regarding sexuality, marriage, and gender, and each family may place contrary views in its religious context," the ruling continued. "No government action prevents the parents from freely discussing the topics raised in the storybooks with their children or teaching their children as they wish.”

The lawsuit stems from a policy change made by the district in March. In the change, district officials said parents would no longer have the choice to opt their children out of classroom lessons that center on LGBTQ+ inclusive books.

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The change came two months after Montgomery County school leaders approved several LGBTQ+ inclusive texts for use in district elementary school classrooms. Officials approved one new book per grade level and previously allowed parents to opt their kids out of the lessons if desired.

A Montgomery County Schools spokesperson told Patch the revision in policy was made to better align the policy with the school's Nondiscrimination, Equity, and Cultural Proficiency Policy.

"MCPS expects all classrooms to be inclusive and safe spaces for students, including those who identify as LGBTQ+ or have family members in the LGBTQ+ community," Montgomery County school officials said in a statement.

The parents filed the lawsuit in May and accused the district of infringing on their First Amendment rights, according to a separate Post report.

During oral arguments in U.S. District Court earlier this month, a lawyer for the parents said families weren't looking to challenge the school district's curriculum.

“We’re not asking the court to take these books out of school," attorney Eric Baxter said, according to Fox Baltimore. "We want to respect the rights of parents to have the instruction they want for their children in school. But we are asking that parents that do have an objection, they are allowed to let their kids opt out of this instruction.”

The judge did not rule on a permanent injunction. A trial date has not been set.

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