A federal court in Maryland decided that parents can't opt their kids out of reading books with LGBTQ+ content in Montgomery County Schools.
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In Tamer Mahmoud v. Monica B. McKnight, parents sought to reinstate a policy that would allow them to opt their children out of reading and discussing books with LGBTQ+ characters in elementary schools.
The parents argued the content in these books was a form of indoctrination that violated their families' religious beliefs.
Judge Deborah L. Boardman concluded that the parents' "asserted due process right to direct their children's upbringing by opting out of a public-school curriculum that conflicts with their religious views is not a fundamental right."
"Because the plaintiffs have not established any of their claims is likely to succeed on the merits, the Court need not address the remaining preliminary injunction factors.
"Nonetheless, because a constitutional violation is not likely or imminent, it follows that the plaintiffs are not likely to suffer imminent irreparable harm, and the balance of the equities and the public interest favor denying an injunction to avoid undermining the School Board’s legitimate interests in the no-opt-out policy," the judge determined.
"The plaintiffs seek the same relief pending appeal as in their preliminary injunction motion: an injunction that requires the Board to provide advance notice and opt-outs from instruction involving the storybooks and family life and human sexuality.
"For the reasons stated in this opinion, the Court cannot conclude the plaintiffs are likely to succeed on the merits of an appeal. The plaintiffs’ request for a preliminary injunction pending appeal is denied."
Eric Baxter, VP and Senior Counsel at Becket law firm representing the families said the ruling "flies in the face of parental freedom, childhood innocence, and basic human decency."
"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," Baxter said. ■