Supreme Court skeptical over MCPS' no opt-out policy on LGBTQ books for kids

WASHINGTON - A group of Montgomery County parents from different religious backgrounds appeared before the U.S. Supreme Court Tuesday, challenging the school board’s no opt-out policy for LGBTQ-themed books in elementary school classrooms.

It appeared that a majority of the justices were skeptical of the Montgomery County School Board’s rule that parents cannot opt their elementary-aged children out of instruction involving LGBTQ-themed books. Both the Chief Justice and Justice Brett Kavanaugh pressed the school board’s lawyer on why it isn’t feasible to simply allow parents to opt out.

The court’s liberal justices expressed concern over where to draw the line. If parents are allowed to opt out of instruction, what’s to stop them from pulling their child from a classroom where a teacher is gay and displays a wedding photo? Or from opting out of science classes that include the theory of evolution?

The parents’ lawyer—along with an attorney representing the Trump administration, both arguing against the policy—said the challengers would likely lose in some of those hypothetical situations, including the display of a gay wedding photo on a teacher’s desk. But other Montgomery County parents raised concerns about what this challenge could mean for inclusivity in schools.

Local perspective:

Montgomery County Public Schools introduced the storybooks as part of an effort to better reflect the district’s diverse population.

Parents sued after the school system stopped allowing them to pull their kids from lessons that included the books. The parents argue that public schools cannot force kids to participate in instruction that violates their faith, and they pointed to the opt-out provisions in sex education classes.

The schools said allowing children to opt out of the lessons had become disruptive. Lower courts backed the schools, prompting the parents’ appeal to the Supreme Court.

Mahmoud v. Taylor

Dig deeper:

Five books are at issue in the high court case, touching on the same themes found in classic stories that include Snow White, Cinderella and Peter Pan, the school system’s lawyers wrote.

In "Prince and Knight," two men fall in love after they rescue the kingdom, and each other. In "Uncle Bobby’s Wedding," a niece worries that her uncle will not have as much time for her after he gets married. His partner is a man.

"Love, Violet" deals with a girl’s anxiety about giving a valentine to another girl. "Born Ready" is the story of a transgender boy’s decision to share his gender identity with his family and the world. "Intersection Allies" describes nine characters of varying backgrounds, including one who is gender-fluid.

Billy Moges, a board member of the Kids First parents’ group that sued over the books, said the content is sexual, confusing and inappropriate for young schoolchildren.

In court filings, lawyers for MCPS claimed that the storybooks aren’t sex-ed materials but "tell everyday tales of characters who experience adventure, confront new emotions, and struggle to make themselves heard."

The writers’ group Pen America said in a court filing what the parents want is "a constitutionally suspect book ban by another name." Pen America reported more than 10,000 books were banned in the last school year.

What's next:

A decision in Mahmoud v. Taylor is expected by early summer.

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