The Fourth Circuit U.S. Court of Appeals ruled Wednesday to uphold another court’s order denying families an opt-out option for LGBTQ+ storybooks in Montgomery County Public Schools (MCPS) curriculum.
In August last year, a federal judge with a U.S. District Court for Maryland ruled against a preliminary injunction which would have required MCPS to allow opt-outs as a lawsuit went on.
In the ruling Wednesday, a judge stated that “we agree with the district court that the Parents have not satisfied the extraordinary showing necessary to obtain a preliminary injunction. Therefore, we affirm the district court’s order denying the Parents’ motion.”
The ruling stated that parents “have not shown that the Board’s failure to provide notice and an opt-out opportunity creates a likelihood of violating their free-exercise rights.”
Becket, the counsel representing the parents, stated it will appeal the new ruling.
“On May 15, 2024, the Fourth Circuit Court of Appeals ruled that the parents with children enrolled at Montgomery County Public Schools have no right to be notified or opt their kids out of storybooks that push one-sided ideology regarding gender and human sexuality,” Becket stated on its website.
Last year three families sued MCPS after, per the lawsuit, the school board reversed its rule allowing families to opt-out of classroom instruction about family life and human sexuality. Multiple rallies were held outside the MCPS school board building last year, with parents voicing their demand for an opt-out option. Counter-protestors also gathered to support curriculum involving LGBTQ+ stories and characters.
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