Montgomery County Public Schools

Judge denies motion for Montgomery Co. families to opt kids out of lessons with LGBTQ+ books

Without the injunction, all students returning to class on Monday in Montgomery County will participate in lessons as laid out in the curriculum.

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The injunction would have allowed parents to opt their children out of lessons involving LGBTQ+ themes. The judge denied it just days before the first day of the 2023-2024 school year. News4’s Dominique Moody reports.

Parents opposed to a curriculum featuring LGBTQ+ inclusive books can't opt their children out of lessons just yet in Montgomery County, a federal judge ruled on Thursday.

The request was submitted by a group of Montgomery County Public School parents on Aug. 9. If it had been granted, a preliminary injunction would have let those parents immediately opt their kids out of engaging with certain books in English classes, if those books go against the parents' religious values.

Without that injunction, denied by a U.S. District Court judge on Thursday afternoon, all students returning to school on Monday will participate in lessons as laid out in the curriculum.

Thousands of parents were waiting on the ruling in the culture war clash.

LGBTQ+ allies and parents rallied outside Montgomery County's Board of Education on Thursday, standing in solidarity with the school system's lesson plans.

That included MCPS parents like Mara Greengrass, who makes it her mission to introduce her kids to diverse books.

"I think it's really important that everybody is included, that kids get exposure to people who are not like them," she told News4.

LGBTQ+ advocates believe MCPS is advocating for inclusivity in their curriculum. That's also what MCPS attorneys argued earlier this month.

In that lawsuit, three families sued Montgomery County Public Schools, saying the school district is breaking a Maryland state law allowing students to opt out of sex education by including the books with LGBTQ+ themes.

The school district, on the other hand, argued it's just teaching tolerance.

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.

Those rallying Thursday to support MCPS said they believe the approach will benefit students once they graduate and enter into the real world.

"Our young folks now are growing up with a lot more representation in the media and out there in the world," said Lee Blinder, the co-chair for the Coalition for Inclusive Schools and Communities.

Philip Alexander Downie, the other co-chair, added, "Queer people exist in every facet of every part of our society, in every religion."

The parents suing the school district filed the lawsuit because they believe MCPS is infringing on their religious rights.

They wanted to be able to immediately opt their children out of lessons involving LGBTQ+ books, "to represent the right of parents to protect their religious training and upbringings of their children," said Eric Baxter, attorney for the group of parents.

“We want to be able to be in control of what our children are learning in school,” father Dagmawi Lakew said on Aug. 9 in an interview outside the federal court.

“You feel like your rights as a parent are just being stripped away,” he said.

The law firm representing the three families suing MCPS issued a statement to News4 on Thursday, which said in part:

"The court's decision is an assault on children's right to be guided by their parents on complex and sensitive issues regarding human sexuality. The School Board should let kids be kids and let parents decide how and when to best educate their own children consistent with their religious beliefs."

In a statement about the injunction denial, MCPS said, in part:

"The decision comes after plaintiffs filed a motion for preliminary injunction in June and following a hearing on August 9 before District Judge Deborah L. Boardman. MCPS remains committed to cultivating an inclusive and welcoming learning environment and creating opportunities where all students see themselves and their families in curriculum materials."

"We also will continue to adhere to our responsibility to include instructional materials that reflect the diversity of the local and global community by exploring the aspirations, issues, and achievements of women and men, people with disabilities, people from diverse racial, ethnic, religious and cultural backgrounds, as well as those of diverse gender identity, gender expression, and sexual orientation," MCPS said.

The ruling on the injunction does not mean that the lawsuit stops. The court still needs to hear the full case, and issue a final decision.

A rally for parents in favor of opting students out of lessons is planned, with security set up in front of the MCPS building on Thursday afternoon.

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