Orthodox, Muslims, and Jews unite to fight for parental rights

On Wednesday morning in Greenbelt, Md., about 50 men and women attended a rally across the street from the federal courthouse. Some women wore long robes and Islamic headscarves. An Orthodox priest in his vestments mingled with the crowd. People held signs saying “Keep the opt-out” or “Let parents parent.”

The rally was sponsored by Kids First, an association of parents and teachers wanting to preserve parents’ rights to opt their children out of family life and human sexuality instruction in Montgomery County Public Schools.

In October 2022, the school board introduced 22 new textbooks into the curriculum. The books promote LGBTQ and transgender ideology for children at each grade level, from pre-kindergarten through high school.

The board added a book titled Pride Puppy to the curriculum for children in pre-K and Head Start programs. It tells the story of two lesbian women who take their children to a pride parade. Illustrations include a drag queen on a float with a sign saying “Queer Pride” and teachers and students with a school bus celebrating “Peers + Queers,” “Pride Club,” and “Love Knows No Gender.” Other books intended for kindergarten through fifth grade students celebrate same-sex romantic relationships or gender based on feelings, not biology.

State law—and school policy—requires that parents receive advance notice of classroom instruction on topics of family life and human sexuality so they can opt their children out of that instruction. In March, one day after publicly reaffirming parents’ notification and opt-out rights, the school board abruptly, without explanation, did an about-face. The board reclassified the new “LGBTQ+-inclusive texts” as being part of an English language arts curriculum, making the Maryland law and opt-out policy inapplicable. The board also informed parents that students could no longer opt out of participating in LGBTQ-related instruction.

Three married couples with school-aged children in the county’s schools sued the school board in May. Kids First, a parents’ and teachers’ association, was added to the lawsuit when an amended complaint was filed on July 6. The Becket Fund for Religious Liberty represents the plaintiffs. The individual plaintiffs hold Catholic, Orthodox, and Muslim beliefs, while Kids First is open to people of all faiths. Despite those differences, they are united in their opposition to the change in the board’s policy.

“Is this a Christian issue only? Is this a Muslim issue only? Is this a Jewish issue only?” asked Wael Elkoshairi, wearing a Muslim prayer cap as he spoke at the Wednesday rally. “You are the voice of the pre-K child. You are the voice of the kindergarten child. You are the voice of the first grader, the second grader, the third grader. They have no voice except you.”

After speeches ended, rally attendees walked to the courthouse, where the court had scheduled its first hearing on the lawsuit that morning. To accommodate the public, the court moved the hearing to a larger courtroom, which then filled up. The hearing addressed the parents’ request for an immediate, preliminary ruling to block the district’s new policy and to restore the opt-out, especially when the school year begins on Aug. 28.

Eric Baxter, Becket’s vice president and senior counsel, argued that the parents did not ask the school to change its curriculum or ban any books, but simply wanted the school to restore the opt-out policy. He pointed out that Maryland law, the district’s own policies, and the Constitution require the district to accommodate the plaintiffs’ religious beliefs. The current policy forces children, over their parents’ objections, to read, listen to, and discuss the school board’s new LGBTQ textbooks.

The school district’s attorney argued that the policy does not force families to change their religious beliefs, so the constitutional protections for religious liberty do not apply. He also argued that the new books only improve critical reading skills while telling stories about diverse families.

Becket co-counsel William Haun said Judge Deborah Boardman asked many thoughtful questions of both sides. She plans to issue a ruling before Aug. 28.

Haun said that the First Amendment protects citizens from arbitrary government use of power like the sudden reversal of school district policy in March, and it also upholds parents’ rights to direct their children’s religious upbringing. The law is clearly on the parents’ side, he said.

After the hearing, Elkoshairi said that he has serious issues with the books, but his biggest concern is that teachers are now supposed to lead discussions with students on family life and human sexuality. He believes they are not qualified to teach children about those topics. “You would first have to train them on the Bible and the tenets of Christianity,”  Elkoshairi said. “Then you would have to train them on the Torah, the Jewish Book of Faith, and then on the Quran and the tenets of Islam. Do you think the teachers can handle that?”