Parents in Montgomery County, Maryland are taking their fight to the Supreme Court, seeking the right to opt their children out of required LGBTQ+ themed storybooks. A diverse group of families, including Jewish, Christian, and Muslim parents, have filed a lawsuit against the school board, arguing that the mandatory curriculum infringes upon their First Amendment right to religious freedom by compelling their children to participate in instruction that contradicts their beliefs.

The dispute originated in November 2022 when Montgomery County Public Schools integrated new LGBTQ+ books into the curriculum as part of a district-wide “inclusivity” effort. According to Becket, the legal organization representing the parents, these books cover topics such as pride parades, gender transition, and pronoun preferences. Although the school board initially permitted parents to opt their children out, this option was rescinded in March 2023, with the board stating that parents would not receive prior notification before the books were introduced in classrooms.

Pride storybooks in the Montgomery County Public Schools curriculum. (Becket)

Following the school board’s reversal, the parents initiated legal action in May 2023. However, the district court ruled against them. This decision was subsequently upheld by the Fourth Circuit Court of Appeals in a split 2-1 ruling, asserting that the parents had not adequately demonstrated a violation of their children’s First Amendment rights. The case, Mahmoud v. Taylor, will now be heard by the U.S. Supreme Court during its 2024-2025 term.

One of the plaintiffs, Grace Morrison, a Catholic mother of seven, expressed concerns about the new policy's impact on her youngest child, who has Down syndrome and other special needs. Morrison felt the ideology presented in the books was not only against their religious beliefs but also developmentally inappropriate for her daughter. She told Fox News Digital, "Starting to present issues of gender ideology to a child like this could be extremely confusing and damaging, let alone to the faith that we’re raising her in."

Grace Morrison is one of the parents petitioning the Supreme Court to rule that a Maryland school district's ban on parental opt-outs is unconstitutional. (Becket/Getty Images)

As a result of the district court's ruling, Morrison and her husband withdrew their daughter from public school in October and began homeschooling her. While describing the experience as “beautiful,” Morrison also acknowledged the challenges, including the financial burden of providing the necessary academic services and therapy at home, estimated at an additional $25,000 annually.

Homeschooling during the pandemic: a cute girl drawing with the help of her mother. (iStock)

According to Becket, Montgomery County Public Schools is among a small number of school districts nationwide that prohibit parental notification and opt-out options for instruction related to sexuality and gender. Becket’s attorney, William Haun, emphasized that their argument before the Supreme Court will focus on the parents' First Amendment rights, specifically the Free Exercise Clause, which they believe protects the right of parents, even those with children in public schools, to opt their children out of instruction that conflicts with their religious upbringing. Haun stressed the importance of parental authority in shaping a child's understanding of themselves, especially during formative elementary school years. He clarified that their goal is not to remove the books from the curriculum, but to reinstate the right of parents to opt their children out of such instruction.

Montgomery County Public Schools parent rally objecting to a ban on parent opt-outs of LGBTQ curriculum. (Courtesy of Becket)

The Montgomery County Board of Education declined to comment on the pending litigation.