By Samantha Kamman, The Christian Post
In a landmark decision, an American judge has ordered Maryland’s largest school district to pay A$2.12 million to an unusual alliance of Christian, Jewish and Muslim parents who sued the school system after it took away parental notice and opt-outs for LGBT-themed storybooks, some of which promoted gender transitioning and pride parades to children as young as four.
District Judge Deborah L. Boardman issued the financial judgment as well as a permanent injunction eight months after the US Supreme Court ruled that Montgomery County Public Schools cannot require children to be exposed to LGBT-themed books in the curriculum without parental consent.
Under this month’s settlement, the Montgomery County Board of Education must notify parents in advance when instructional materials will feature LGBT content, and parents must have the right to opt their child out of lessons if the content conflicts with the family’s religious beliefs.
“Public schools nationwide are on notice: running roughshod over parental rights and religious freedom isn’t just illegal — it’s costly,” declared Eric Baxter, senior counsel at religious liberty legal advocate Becket and lead attorney for the parents.
“PARENTS, NOT BUREAUCRATS, HAVE THE FINAL SAY IN HOW CHILDREN ARE RAISED”
“This settlement enforces the Supreme Court’s ruling and ensures parents, not government bureaucrats, have the final say in how their children are raised.”
“It took tremendous courage for these parents to stand up to the School Board and take their case all the way to the Supreme Court,” Mr. Baxter added.
“Their victory reshaped the law and ensured that generations of religious parents will be able to guide their children’s upbringing according to their faith.”
The case made its way to the US Supreme Court after the religiously diverse group of parents challenged the school district’s refusal to grant opt-outs for lessons featuring books that celebrate gender transitioning and same-sex relationships.
THE BACKGROUND TO THE CASE
In 2022, the Montgomery County Board of Education introduced a series of LGBT-themed books for inclusion in schools’ English language arts curricula.
The books included titles such as Born Ready: The True Story of a Boy Named Penelope and Pride Puppy, a picture book about a pride parade that encourages children to search for images of underwear, leather and drag queens.
Another book was Jacob’s Room to Choose about two young children who identify as transgender.
“Their teacher used a game to persuade their classmates to support gender-free bathrooms,” the parents’ lawsuit said.
“Teachers were told to instruct students that, at birth, doctors guess about our gender, but we know ourselves best,” according to the parents’ petition.
AFTER SCHOOL REFUSES EXEMPTION, PARENTS PROTEST THEN SUE
The School Board initially allowed parents to exempt their children from reading these materials, but later revoked this option.
After the interfaith group of parents protested outside the school district office in 2023, the parents sued the board, arguing that the school district violated their sincerely held beliefs.
Judge Boardman, a Democrat appointee, rejected the motion for a preliminary injunction in August 2023, concluding that the parents had failed to show that the “use of the storybooks crosses the line from permissible influence to potentially impermissible indoctrination.”
In May 2024, a three-judge panel of a Court of Appeals upheld the lower court ruling.
PARENTS COMPLAINT ENDS UP IN THE NATION’S HIGHEST COURT
In the US Supreme Court’s 6-3 ruling last year, Justice Samuel Alito wrote for the court: “The practice of educating one’s children in one’s religious beliefs, like all religious acts and practices, receives a generous measure of protection from our Constitution.”
“And this is not merely a right to teach religion in the confines of one’s own home.”
“Rather, it extends to the choices that parents wish to make for their children outside the home,” he added.
SCHOOLS SETTLE WITH PARENTS, CHANGES TAKE PLACE
Montgomery County Public Schools said some actions outlined in the settlement are already happening, such as an opt-out provision revised in August.
Parents or guardians must submit a form to have their child excused from instruction.
The school system also created a “refrigerator curriculum,” which is a one-page document that can be put on a refrigerator, highlighting what students are learning each quarter.
“With the legal process concluded, our focus remains on the steps that we have taken to meet the Court’s mandate,” said a schools spokesperson.
“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.”
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