Federal Judge: Children Cannot Opt Out of Classes With LGBT Book Characters

Muslim and Christian families who want their children to opt out of English language arts classes when books containing LGBTQ characters are read were dealt a legal blow Thursday when a federal judge dismissed their request.

According to Judge Deborah Boardman in her 60-page opinion, “The parents’ inability to opt their children out of reading and discussion of the storybooks does not coerce them into violating their religious beliefs…The parents still may instruct their children on their religious beliefs regarding sexuality, marriage and gender.”

She further noted that nothing in the curriculum has the school district imposing a requirement that students violate their faith during classroom instruction.

Boardman, who was born in Silver Spring, wrote, “The plaintiffs have not established the requirements for a preliminary injunction. Their motion is denied. Their request for an injunction pending appeal is denied.”

Under Maryland law, parents may opt their children out of lessons in the family life and human sexuality curriculum. It does not give that same permission concerning major subjects such as language arts.

Montgomery County Public Schools (MCPS) issued a statement, noting, “MCPS remains committed to cultivating an inclusive and welcoming learning environment and creating opportunities where all students see themselves and their families in curriculum materials. We also will continue to adhere to our responsibility to include instructional materials that reflect the diversity of the local and global community by exploring the aspirations, issues, and achievements of women and men, people with disabilities, people from diverse racial, ethnic, religious and cultural backgrounds, as well as those of diverse gender identity, gender expression, and sexual orientation.”

Only a short time before the legal opinion was rendered, several parents urged Board of Education (BOE) members at their business meeting to allow them to opt out of classes when certain storybook with LGBTQ characters are read.

Those favoring including an opt out provision have protested at BOE meetings several times this summer.

The Council on American-Islamic Relations issued a statement saying they would continue to support families who want to opt out., “pursuing all available legal means to protect the rights of children in the coming school year.”

CAIR’s Maryland Director Zainab Chaudry wrote in a statement, “The campaign to protect the rights of parents and children in Montgomery County Public Schools is undeterred.”

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