School board ordered to pay damages to families in LGBTQ book opt-out case

The school board must pay $1.5 million in damages to the parents who filed a lawsuit against the school system for its policy on engaging with LGBTQ+ inclusive books, according to the law firm representing the parents.

In 2023, three families sued Montgomery County Public Schools for not allowing them to opt out of LGBTQ+ inclusive books in English language arts curriculum. The case, Mahmoud v. Taylor, went to the Supreme Court last year, and the Court affirmed parents’ rights to let their kids opt out of LGBTQ+ readings in public schools.

In a statement, Eric Baxter, the lead attorney representing the parents with Becket law firm, said, “Public schools nationwide are on notice: running roughshod over parental rights and religious freedom isn’t just illegal—it’s costly. This settlement enforces the Supreme Court’s ruling and ensures parents, not government bureaucrats, have the final say in how their children are raised.”

In summer 2023, there were multiple rallies in Rockville outside the school board meeting building during which parents voiced their demands for an opt-out option. At the same time, there were counter-protests involving parents and advocates who supported LGBTQ+ inclusion in the school curriculum.

Following the Supreme Court’s ruling, MCPS created a form for parents to opt their kids out of class.

In a statement to MCM, an MCPS spokesperson said, “With the legal process concluded, our focus remains on the steps that we have taken to meet the Court’s mandate. We have implemented proactive measures to ensure compliance and improve responsiveness. This work is ongoing, and we remain dedicated to partnering with our families to guarantee we are moving forward in a way that aligns with the Court’s decision.”

“These actions include establishing an opt-out process and proactively reporting all curricular materials every quarter via systemwide communications and this website, so families can make decisions concerning instructional material that may substantially interfere with their religious beliefs.”