The U.S. Supreme Court announced on Friday that it will hear a case brought by a group of Maryland parents who want the ability to opt their children out of classes that include LGBTQ+ content. The parents argue that the inclusion of LGBTQ+ material in the school curriculum violates their First Amendment rights, specifically their right to religious freedom.
The case centers around Montgomery County Public Schools, the largest school district in the state. In 2023, the district made the controversial decision to eliminate an opt-out provision from its literacy program, which had previously allowed parents to withdraw their children from lessons containing LGBTQ+ themes. The parents, who belong to Muslim, Roman Catholic, and Ukrainian Orthodox religious communities, filed a lawsuit challenging the policy. They argue that the new curriculum infringes upon their religious beliefs, as they oppose exposing their children to what they describe as LGBTQ+ “indoctrination.”
The parents are being represented by Becket, a nonprofit organization that advocates for religious liberty. Eric Baxter, a Becket attorney, criticized the Montgomery County decision, stating that it forces “controversial gender ideology” upon children, even as young as three years old. Baxter emphasized that parents, rather than the state, should have the authority to decide when and how to introduce sensitive issues like gender and sexuality to their children.
The curriculum in question is part of a newly diversified English language arts program adopted in 2023. It includes lessons that address various topics such as race, religion, ethnicity, and LGBTQ+ perspectives. Among the books included in the program are titles like Pride Puppy, which explores the theme of a gay pride parade, and Love, Violet, which tells the story of a young girl developing romantic feelings for a female classmate.
In response to the policy change, the group of parents initiated a legal challenge, seeking a preliminary injunction to reinstate the opt-out option. However, the lower court denied the request, arguing that the plaintiffs had not shown that the absence of an opt-out provision significantly burdened their religious exercise. The judge’s ruling stated that the parents’ claims were unlikely to succeed.
The case now heads to the U.S. Supreme Court, which is expected to weigh in on a broader debate surrounding the role of gender and sexuality education in schools. These debates have become a central issue in American politics, particularly in the wake of the Trump administration, as school districts and local governments across the country grapple with how to handle LGBTQ+ content in the classroom.
The issue has also become a flashpoint for wider cultural and political divides, with religious groups and conservative organizations opposing LGBTQ+ inclusion in schools, while LGBTQ+ advocacy groups and allies argue that such content is essential for fostering inclusivity and acceptance. In Maryland, the Montgomery County School District’s decision to remove the opt-out option led to protests organized by religious groups, with hundreds of individuals rallying against what they view as forced indoctrination.
During one such protest in July 2023, Solomon Hailemariam, a father of four Montgomery County students, told The Daily Signal, “We have the religious right to raise our kids based on the Bible.” Hailemariam was among the demonstrators who opposed the curriculum and demanded the reinstatement of the opt-out provision.
On the other side, supporters of the school district’s inclusive curriculum turned out to show their support for the Board of Education. “We’re here not so much to counter the protest, but to show support for the Board of Education and what they’re doing, and show the queer kids that go to school here that they are supported,” said John Zittrauer, a counter-protester who attended the demonstration in July.
The case has garnered national attention, as it touches on broader issues of religious freedom, parental rights, and the role of schools in teaching about gender and sexuality. The U.S. Supreme Court has recently shown a tendency to rule in favor of religious liberty plaintiffs in cases such as 303 Creative v. Elenis, in which a graphic designer was allowed to refuse services for a same-sex wedding based on religious beliefs. In another high-profile case, a football coach who prayed at midfield after games was also supported by the Court, despite objections from the school district.
The Maryland parents’ lawsuit represents the latest chapter in this ongoing legal and cultural battle. The outcome of the Supreme Court case could have significant implications not just for the state of Maryland, but for school districts across the country grappling with how to handle LGBTQ+ content in their classrooms.
As the case moves forward, all eyes will be on the Supreme Court, which could set a precedent for how similar cases are handled in the future, particularly as gender and sexuality education continues to evolve in U.S. public schools.
This decision comes amid increasing pressure on educational institutions to address LGBTQ+ rights and inclusion, making the high court’s involvement in this case particularly significant. It also highlights the deep divide in the country over the role of religion in public life and the extent to which parents should have control over what their children are taught in schools.
The Supreme Court is expected to hear arguments in the case later this year.
