On Wednesday, the lawsuit seeking an opt-out option for LGBTQ+ storybooks in classrooms went to the U.S. District Court for Maryland.
Judge Deborah Boardman said she will issue a ruling before Aug. 28, which is when the Montgomery County Public Schools (MCPS) academic year starts.
It was a preliminary injunction hearing, meaning a temporary decision could be issued as the lawsuit continues, before it is finally decided.
Following the hearing, Eric Baxter, vice president and senior counsel at Becket representing the MCPS families, said counsel is hopeful the judge will “recognize the burden” that the lack of an opt-out option puts on families, saying many of their clients cannot afford to go to private or religious schools.
Phillip Alexander Downie, with the Coalition for Inclusive Schools and Communities, said regarding opt-outs, “where does it start and where does it end,” saying there are many people who are uncomfortable around others due to “othering” in society.
MCM reached out to attorney Alan Schoenfeld, who is representing MCPS, for comment following the hearing.
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.
Per MCPS, state law dictates families can only opt-out of classes specifically about human growth and sexuality, and the school system will end opt-outs in reading literacy classes and curriculums not strictly focused on growth and sexuality. The school system has chosen picture books involving LGBTQ+ for literacy classes for elementary schoolers.
Multiple rallies have been held with parents voicing their demand for an opt-out option. Others have also gathered to support curriculum involving LGBTQ+ stories and characters.
