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Fourth Circuit Expedites Maryland Parents’ Request to Opt Children Out of LGBTQ Instruction

Children play on a giant rainbow flag as they take part in a lesbian, gay, bisexual and transgender (LGBT) pride parade in Taipei, Taiwan, October 28, 2017. (Tyrone Siu/Reuters)

Maryland parents will soon hear if the United States Court of Appeals for the Fourth Circuit approves their request to restore opt-out options for gender and sexuality curriculum. The court has fast-tracked parents’ appeal, lawyers said on Tuesday.

“By shortening the litigation timeline, the Fourth Circuit has demonstrated the importance of the issues at stake,” Eric Baxter, vice president and senior counsel at Becket Law, the firm representing Maryland parents, told National Review. “All children deserve their parents’ guidance on how they are introduced to complex issues around gender identity, gender transition, and human sexuality. We are hopeful the Fourth Circuit will soon reinstate the opt-outs already required by Maryland law and the School Board’s own policies.”

Maryland’s debate over opt-out began this summer, when Montgomery County Public Schools abruptly removed parents’ ability to opt their children out of a gender and sexuality curriculum. The curriculum forces students to read and discuss books that promote gender transition, pronoun preferences for children, drag queens, and intersexuality. Becket sued the school district in May, on behalf of Muslim, Ethiopian Orthodox, and Catholic families who claim that the no-opt-out policy violates their ability to guide their children’s education.

A district court denied parents’ original appeal, ruling that parents have no “fundamental right” to opt their children out of instruction that defies their religious beliefs. Pending the Fourth Circuit’s ruling, Montgomery County students have been forced to participate in the curriculum since school began in late August.

“These parents are simply asking to be notified when the books will be read to their children and to be given an opportunity to opt out,” Becket notes on its website. “By denying these longstanding arrangements, the Board is violating the parents’ inalienable and constitutionally protected right to control the religious upbringing of their children, especially on sensitive issues concerning family life and human sexuality.”

Becket will not file a petition at the Supreme Court of the United States, the firm said Tuesday. 

Haley Strack is a William F. Buckley Fellow in Political Journalism and a recent graduate of Hillsdale College.
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