by Chad Felix Greene at the Federalist
In a growing environment of left-wing activism in schools, especially related to LGBT ideology, parents who have not been able to influence curriculum have had the option of opting their kids out of classes. Not any longer, at least according to a federal appeals court in a Maryland case of three families suing for the right to religious freedom for their elementary school-aged children in public schools.
In August of 2023, three families — one Muslim, one Christian, and one Jewish — brought a case against the Montgomery County Board of Education for a recent policy change removing the opt-out option for curriculum. Previously, parents received advanced notice of materials that would be read to their children and could opt out. The school board announced that parents would no longer receive advanced notice of materials, and they could no longer opt out of readings or lessons.
A year prior, according to the case, “In the spring of 2022, the School Board had determined that the books in its English language arts curriculum were not sufficiently representative because they did not include LGBTQ characters.” Maryland law requires schools to give parents the opportunity “to view instructional materials to be used in the teaching of family life and human sexuality objectives.” The school board also has an opt-out policy for religious exemptions in place.
However, there is a clause that states that “if such requests become too frequent or too burdensome, the school may refuse to accommodate the requests. Schools are not required to alter fundamentally the educational program or create a separate educational program or a separate course to accommodate a student’s religious practice or belief.” Deciding that LGBT inclusion in the curriculum was fundamental to the educational program and the requests were too burdensome, the school board simply declared parents could not opt out of LGBT content any longer.