Maryland parents must accept LGBTQ-inclusive curriculum, appeals court decides

Court rules parents can't opt kids out of LGBTQ+ curriculum in Maryland

Maryland's largest public school system does not have to allow parents to opt their kids out of lessons involving LGBTQ-themes, according to a federal appeals court ruling on Wednesday. It is response to a lawsuit filed by a group of parents in Montgomery County, who believe the responsibility should fall to them, instead of the schools. FOX 5's Homa Bash has the story.

MONTGOMERY COUNTY, Md. - Maryland's largest public school system does not have to allow parents to opt their kids out of lessons involving LGBTQ themes, according to a federal appeals court ruling on Wednesday.

It is a response to a lawsuit filed by a group of parents in Montgomery County, who believe the responsibility should fall to them, instead of the schools.

It is an issue that FOX 5 has covered extensively for the last year - thousands of parents gathering at rallies, protests, and school board meetings.

On Wednesday, a 2-1 panel of the 4th U.S. Circuit Court of Appeals in Richmond, Virginia ruled that Maryland parents cannot opt their children out of LGBTQ-inclusive book curricula in classrooms.

MARYLAND, UNITED STATES - JULY 20: A group of Montgomery County parents gather outside MCPS Board of Education to protest a policy that doesnât allow students to opt-out of lessons on gender and LGBTQ+ issues during the school board meeting in Maryla

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Eric Baxter is senior counsel and vice president at the Becket Fund for Religious Liberty, representing roughly 300 parents - Muslims, Christians and Ethiopian Orthodox - who want to be able to excuse their Pre-K to fifth-grade students from those specific materials.

"They involve issues around sexuality that are simply too mature for such young children," Baxter said, adding that they are disappointed in the court's ruling.

Some of the book titles include "The Pride Puppy," "Uncle Bobby's Wedding," and "Born Ready: The True Story of a Boy Named Penelope."

Last year, at rallies and school board meetings, FOX 5 also spoke with MCPS parents who opposed the opt-out policy, advocating for inclusive materials in the curriculum.

"I mean I don’t want to go down the slippery slope of maybe a Christian parent doesn’t want their kid exposed to a Muslim family in a picture! Where do we draw that line!?" said Deb Stahl, last June.

"We need many more books," said Phillip Alexander Downie in August. "And not less books because young people are amazing. They’re sponges and they don’t have hate. Hate is learned!"

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However, Baxter said they do want to make clear that the group is not asking for these books to be removed from the classrooms.

"We understand that there are different parents who have different perspectives," Baxter said. "But all parents should have the right to decide if something is inappropriate for their own child and to remove their child from the classroom in those circumstances. And I think that's something that every resident in Montgomery County can get behind."

Baxter said they intend to have the U.S. Supreme Court review the case and are hopeful for a better result.

Montgomery County parents sue over mandated LGBTQ storybooks

On Wednesday, attorneys announced three Montgomery County Public School families (six parents) are suing the county’s superintendent and school board in the continued battle over LGBTQ books approved this school year. FOX 5's Stephanie Ramirez breaks down the suit and talks to the attorney who filed it.

An MCPS spokesperson said they have not seen the ruling and cannot comment on ongoing litigation.

Read the full court ruling below:

Montgomery County Public Schools Maryland Schools LGBTQ