Judge rejects lawsuit from Montgomery County parents requesting to opt their children out of LGBTQ+ curriculum

MONTGOMERY COUNTY, Md. — A judge in Montgomery County dealt a blow to parents wanting to opt-out their children from LGBTQ+ curriculum.

Several parents of students in Montgomery County Public Schools sued the school district to prevent their children from participating in the diverse curriculum. 

At the outset, parents could opt their children out of reading and instruction involving books with LGBTQ-identifying characters, as they could with other parts of the curriculum. In March, the school board announced that parents no longer would receive advance notice of when specific storybooks would be read or be able opt their children out.

Some parents wanted that option, citing religions beliefs, and they went to court to get it.

U.S. District Judge Deborah L. Boardman denied the parents' request. Boardman also denied the parents an injunction that would have prevented their children from participating in the curriculum during appeals process.

The school district released the following statement after Thursday's ruling:

"TODAY, the U.S. District Court for the District of Maryland issued a decision declining the plaintiff’s motion for a preliminary injunction that would have required Montgomery County Public Schools to allow families to opt out of engagement with LGBTQ+ inclusive texts during English Language Arts instruction. The judge also denied the request for an injunction pending appeal. The ruling states, “Public schools are not obliged to shield individual students from ideas which potentially are religiously offensive, particularly when the school imposes no requirement that the student violate his or her faith during classroom instruction.” (page 46)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."

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