Maryland Court Rules Parents Cannot Opt Children Out of LGBTQ+ Curriculum

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Maryland Court Rules Parents Cannot Opt Children Out of LGBTQ+ Curriculum
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A federal court in Maryland ruled that parents cannot opt their children out of reading books with LGBTQ+ content in Montgomery County Schools. The court disagreed with parents who argued that the content violated their religious beliefs, stating that the parents' right to direct their children's upbringing in this manner is not a fundamental right.

Equal Protection Project considering filing an amicus brief supporting the parents’ right to opt their kids out of objectionable grade-school curriculum on religious groundsWe previously reported on the case of Maryland parents suing Montgomery County schools because they refused to let the parents opt their children out of grade-school LGBTQ+ curriculum featuring drag queens, transgender kids, and same-sex marriages.

Some of the books at the center of the clash include “Pride Puppy,” geared toward preschoolers and “Uncle Bobby’s Wedding,” geared toward students in kindergarten through 5th grade.The parents suing the school district filed the lawsuit because they believe MCPS is infringing on their religious rights.

Maryland’s largest school district does not have to allow parents to opt their K-5 children out of classes and books that discuss LGBTQ topics like sexuality and gender, at least for now, a federal appeals court ruled on Wednesday. “The parents have shown the board’s decision to deny religious opt-outs burdened these parents’ right to exercise their religion and direct the religious upbringing of their children by putting them to the choice of either compromising their religious beliefs or foregoing a public education for their children,” Quattlebaum wrote.

The dispute centers around a decision by the Montgomery County School Board to end opt-out requests and notice requirements for the reading and discussion of storybooks that feature LGBTQ characters. The case sets up another clash involving LGBTQ rights and religious rights. It’s unclear whether the Supreme Court will hear arguments in its current term, which ends this summer, or its next term that will begin in October.

The district then announced in March 2023 that it wouldn’t allow opt-outs from language-arts instruction that involved the storybooks “for any reason.” A federal district court denied the request, and the U.S. Court of Appeals for the 4th Circuit upheld the decision. You can review the parents’ entire Petition for a Writ of Certiorari, or request for the Supreme Court to review the case,

Because an amicus brief at the Supreme Court on the merits is due seven days after the brief being supported is filed, EPP’s brief would be due Monday March 10, 2025.

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