cover of pride puppy book
The school district says creating alternate curriculum for opt-outs would be too large a burden on school resources.

Should parents have the right to prevent their children from learning about LGBTQ+-related issues in the classroom?

That’s the question at the heart of a legal dispute out of Maryland between a coalition of religious parents and a local school district. 

The parents argue that opting their children out of LGBTQ+ curriculum is a First Amendment right, but the school district says that the high volume of opt-outs would cause an overwhelming and untenable burden on school staff and resources.

When it comes to LGBTQ+ content and kids, who should have the final say: parents or schools?

To the Supreme Court

The case comes out of Montgomery County, Maryland, where a group of Muslim, Christian, and Jewish parents are asking the Supreme Court to hear their case against the Montgomery County Board of Education after a series of lower courts sided with the school district.

In the lawsuit, Mahmoud v. Taylor, the alliance of interfaith parents alleges that the school district is discriminating against the parents’ sincerely-held religious beliefs by not letting them opt-out of LGBTQ+-related instruction for their kids. 

“Parents know and love their children best; that’s why all kids deserve to have their parents help them understand issues like gender identity and sexuality,” said Eric Baxter, senior counsel at Becket, the legal firm representing the parents. “The school board’s decision to cut parents out of these discussions flies in the face of parental freedom, childhood innocence, and basic human decency.” 

What is the Content?

The content in question is largely aimed at grades K through 5, stemming from a new policy implemented in 2022. Per the legal filing by Becket, the new books and curriculum “champion pride parades, gender transitioning, and pronoun preferences for children.”

One book, the lawsuit alleges, “invites students to search for various images, including ‘underwear,’ ‘leather,’ ‘lip ring,’ ‘[drag] king’ and ‘[drag] queen,’” and another “invites children to ponder what it means to be ‘transgender’ or ‘non-binary.’”

Another book tells kids that adults only “guess about our gender” at birth, but that we “know ourselves best.”

cover of pride puppy book
Pride Puppy is one of the books recommended by the school district for kids in pre-K.

Should Opt-Out be an Option?

Maryland is one of 38 states that allow parental opt-outs for health-related subjects – but the LGBTQ+-focused content is featured in a language arts class. 

The school district initially allowed parents to opt their children out of those courses anyway, but later recanted after finding that “individual schools could not accommodate the growing number of opt-out requests without causing significant disruptions to the classroom environment.”

However, parents argue that it doesn’t matter if the curriculum is in health class or language arts – nor is it relevant that the school feels burdened by the large number of opt-outs – it’s still a violation of their First Amendment rights.

As Becket’s senior counsel Eric Baxter put it, “parents shouldn’t have to take a back seat to anyone when it comes to introducing their children to complex and sensitive issues around gender and sexuality.”

On the other hand, creating alternative coursework for such a large amount of students is no easy task. Is it realistic to ask a school district, which is likely already stretched thin, to essentially double their workload? 

Critics also note that school is about challenging oneself and learning about the unfamiliar. Parents aren't doing their children any good by denying the reality of the LGBTQ+ community’s existence, they argue. 

What do you think? Should parents have the right to opt their children out of curriculum they disagree with, including LGBTQ+ content? Who should have the final say on what kids see in school?

6 comments

  1. Paula Copp's Avatar Paula Copp

    Well, why not opt out of world history, civics, US history too, because the information might not be to their parents’ liking! What a load! Children should learn a lot of things that their parents aren’t comfortable with. Oh and well.

  1. Wilberta M. Berry's Avatar Wilberta M. Berry

    Schools are to educate. When parents censor education they end up stifling their children's knowledge base. This does not help a child in life. Knowledge is power and limiting a child's knowledge base limits their ability to navigate their way to live successful lives. Ignorance is not bliss. It's debilitating. In order to make good decisions people need to have all information to discern the differences between good and bad decisions. They need measures of comparison.

  1. Melinda Fulk's Avatar Melinda Fulk

    Didn't there used to be a similar fight over Sex Ed in schools? I seem to remember that - AFTER I'd graduated and had gone through a Sex Ed course. Why, oh why, do we keep going backwards!?!?!? (That was rhetorical. I already have a good idea.)

  1. Irvin March Cutler's Avatar Irvin March Cutler

    I don’t want perverted behaviors public period, especially to children. The youth today are mixed up enough without unholy ideas put in their heads.

  1. Rev. BH's Avatar Rev. BH

    Wish I'd had the option of opting out of calculus. I got a horrible grade! Or biology where I had to dissect frogs. Ugh! How about opting out of high school all together to goof off all day!

  1. Mary E Benoit's Avatar Mary E Benoit

    In public school every child should be welcome. The agenda should include understanding and appreciating differences as well as similarities.

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