The 4th U.S. Circuit Court of Appeals recently ruled in a 2-1 decision that Maryland’s largest school district, Montgomery County Public Schools (MCPS), does not have to allow parents of K-5 children to opt out of classes and books that discuss LGBTQ topics. The court found that the parents had not shown how the policy violated their children’s First Amendment rights to free exercise of religion. The parents argued that exposure to LGBT-themed books contradicted their religious duty to train their children in accordance with their faith, but the court ruled that exposure to differing ideas, even for religious reasons, is part of sending children to public schools.
The litigants in the case, consisting of three sets of parents from different religious backgrounds and a parental rights organization, argued that they should have the responsibility for determining what their children learn, rather than the schools. The parents expressed concerns over books like “The Pride Puppy,” “Uncle Bobby’s Wedding,” and “Born Ready: The True Story of a Boy Named Penelope,” which they believed conflicted with their beliefs on topics like gender, marriage, and human sexuality. Despite the parents’ claims, the court maintained that exposure to opposing viewpoints is expected when sending children to public schools and denied the request for a preliminary injunction.
One of the dissenting judges, appointed by former President Trump, argued that the board’s decision to deny religious opt-outs did burden the parents’ right to exercise their religion and direct the religious upbringing of their children. He disagreed with the district court’s finding that the parents failed to establish their First Amendment rights were violated and would have reversed the decision to deny the religious opt-outs. The parents in the case were represented by the Becket Fund for Religious Liberty, which expressed disappointment in the court ruling and plans to appeal.
Montgomery County Public Schools had announced efforts to include an LGBTQ-inclusive reading list as part of its English language arts curriculum, sparking protests from parents who wanted the opt-out policy reinstated. Some parents believe it is their right to discuss controversial topics like sexuality and gender ideology with their children on their own terms. Mother and writer Bethany Mandel expressed concerns over the content of some of the books included in the curriculum, stating that parents should have the right to determine how their children are introduced to these topics rather than the school district.
Overall, the court’s ruling affirmed the MCPS board’s decision not to allow parents to opt out of classes and books that discuss LGBTQ topics for their K-5 children. While the parents argued that the exposure to such material violated their religious beliefs, the court maintained that sending children to public schools entails exposure to differing viewpoints, even if it conflicts with one’s faith. The parents expressed disappointment with the decision and plan to appeal, while protests and rallies have pushed for the school district to reinstate the opt-out policy. The debate continues between parental rights, freedom of religion, and inclusion in education.
