Supreme Court to Address Parental Rights in LGBTQ Curriculum Dispute

Created: JANUARY 26, 2025

The Supreme Court has agreed to hear a case involving parents in Montgomery County, Maryland, who are challenging the school district's policy on LGBTQ-themed books in the classroom. These parents argue that the policy infringes upon their religious freedom by denying them the ability to opt their children out of lessons featuring these books.

The dispute centers around the school district's practice of incorporating books with LGBTQ storylines into the curriculum. Initially, parents were allowed to opt their children out of these lessons. However, according to court documents, this option was revoked due to high absenteeism resulting from numerous opt-out requests.

The current policy, as outlined in court documents, stipulates that parents will be notified when a teacher uses one of the storybooks. While the policy mentions finding substitute texts for students who opt out, it effectively removes the opt-out option itself. This change, implemented for the 2023-2024 academic year, marks the first time parents are not provided with notice or the opportunity to opt out.

The books in question address topics such as same-sex relationships, transgender identity, and LGBTQ events. Supporting materials provided to teachers offer guidance on handling student questions related to these themes. For instance, if a student expresses disapproval of LGBTQ identities based on religious beliefs, teachers are advised to acknowledge the student's belief while emphasizing the importance of respect and kindness.

A multi-faith coalition of parents is contesting the material. Sarah Parshall Perry, a senior legal fellow at the Heritage Foundation, expressed confidence in the parents' eventual victory, emphasizing the fundamental role of parents in their children's education and well-being. Perry highlighted the increasing clash between gender identity and religious beliefs, predicting that the Supreme Court will face this issue more frequently.

supreme court exterior

FILE - The U.S. Supreme Court is seen, Nov. 15, 2023, in Washington.  (AP Photo/Mariam Zuhaib, File)

Perry drew parallels to the 1972 Wisconsin v. Yoder case, where the Supreme Court ruled that compulsory school attendance violated the free exercise rights of Amish parents. She argued that the current case similarly involves a conflict between state interests and parents' First Amendment rights.

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The Montgomery County Board of Education declined to comment on the pending litigation. The Fourth Circuit Court, in its initial decision against granting a preliminary injunction to the parents, stated that the parents had not provided sufficient evidence of a burden on their free exercise rights.

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