A federal judge in Maryland said Wednesday she will deliver a ruling on Montgomery County schools’ requirement to include LGBTQ materials in elementary classrooms before classes begin Aug. 28.
U.S. District Court Judge Deborah Boardman heard oral arguments in a family-led lawsuit against Montgomery County Public Schools’ decision to prevent parents from opting out of classes that teach young children about gay and transgender issues.
The new policy is set to take effect during the 2023-24 school year.
The plaintiffs’ lead attorney Eric Baxter cited Wisconsin v. Yoder to support his argument. The 1972 Supreme Court case allowed Amish families to withdraw their children from public schools after 8th grade in order to preserve their religious and cultural lifestyle.
Mr. Baxter told Judge Boardman the introduction of LGBTQ lessons at such a young age would usurp the families’ First Amendment rights, though the judge seemed skeptical that the stakes of the Mahmoud v. McKnight case before her were comparable to the landmark Supreme Court case.
Attorney Alan Schoenfeld, who represented MCPS Superintendent Monifa McKnight and the county’s Board of Education, argued that the classroom materials some parents might deem offensive do not qualify as an undue burden under the Constitution.
The district listed six books on gay and transgender issues being introduced to pre-K through fifth graders under its literacy curriculum.
The district contends the required exposure to LGBTQ materials would not interfere with sincerely held religious beliefs, and also argued that students who don’t encounter those beliefs are more likely to disparage homosexual or transgender students.
The judge asked the defense if any MCPS students who opted out of the classes this past school year — when the policy was still in effect — went on to insult their classmates over their sexual or gender identity.
Mr. Schoenfeld couldn’t provide any examples.
“When people are compelled to participate in things that they disagree with, or are told those things are hurtful or wrong, they tend to dig in on those feelings,” Mr. Baxter said in a press conference after the hearing. “But if students … don’t feel threatened, their openness increases — so I think it’s the exact opposite.”
At one point, Judge Boardman asked the school district’s legal team how a teacher would handle a situation where a student says learning about transgenderism violates their religious beliefs. Mr. Schoenfeld said the teacher would lead a “productive discussion” about the topic that leaves everyone better informed.
Wael Elkoshairi, an organizer for Family Rights for Religious Freedom and a chief advocate for restoring the opt-out, criticized the defense’s description of MCPS teachers after the hearing. He said they characterized the educators as having “almost magical qualities to be the whole community to the child.”
The judge also tried to determine if Mr. Baxter’s clients took greater issue with the six LGBTQ-themed books, or the teacher-led discussions that followed.
Mr. Baxter demurred, but many parents who’ve advocated in favor of the opt-out said they are at least equally, if not more concerned, about what teachers will talk about with the students regarding the books.
But advocates who want the opt-out removed permanently said the students are already aware of gay and transgender people in their lives. Keeping kids away from the books is losing an opportunity to talk about these topics in greater depth.
“The entry point to these discussions are not these books,” Mark Eckstein, a local member of LGBTQ nonprofit PFLAG, told The Washington Times. “Our county council member is openly LGBTQ … senior leaders at MCPS are openly LGBTQ…[so] maybe we should introduce [LGBTQ topics] earlier to allow those conversations.”
Judge Boardman questioned Mr. Schoenfeld about why MCPS previously allowed the opt-out for any reason — whether related to a student’s religion or a family’s belief the LGBTQ materials weren’t age-appropriate — but then decided that no opt-out would be granted during the upcoming school year.
The school district responded by saying the rationale was logistical, with the opt-outs causing absenteeism and disruption to lesson plans.
• Matt Delaney can be reached at mdelaney@washingtontimes.com.
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