Parents Challenge MoCo Schools LGBTQ+ Opt-Out Policy In Court

GREENBELT, MD — A group of parents who filed a lawsuit against Montgomery County Public Schools in May argued in court Wednesday that the school's policy prohibiting their children from opting out of reading LGBTQ+ books violates their religious beliefs, according to multiple reports.

During oral arguments in U.S. District Court, lawyers for Muslim and Christian families suing the district asked a judge to grant them permission to opt out of reading the books before the school year begins, The Washington Post reported. Meanwhile, the lawsuit is seeking a permanent exemption.

“We’re not challenging the curriculum,” Eric Baxter, an attorney representing the group of said Wednesday, according to Fox Baltimore. “We’re not asking the court to take these books out of school. 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 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.

• RELATED: MoCo Schools Revise LGBTQ+ Inclusive Books Policy

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.

The lawsuit mainly focuses on titles for elementary school students, including “Love, Violet,” a story about a girl who develops a crush on her classmate, and “My Rainbow,” a book about a mom who makes a colorful wig for her transgender daughter, the Post reported.

Alan Schoenfeld, who represents Montgomery County schools, denied the policy would violate anyone’s religious freedom, WTOP reported. He also said the district would not penalize students who disagreed with the books' messaging during class discussions.

Judge Deborah Boardman plans to rule on the injunction request by Aug. 28, the day school begins in Montgomery County, according to WTOP.