Supreme Court takes up parents’ challenge to LGBTQ story time in elementary school

The Supreme Court has agreed to take up a legal challenge over whether parents can keep their children out of LGBTQ story time in public elementary schools.

It took at least four justices to vote in favor Friday of hearing the dispute for the case to be granted. 

The conflict arose when the Montgomery County Board of Education in Maryland decided not to let elementary-age kids opt out of reading storybooks on gender transitioning, pride parades and other LGBTQ issues. 

While high school-age students can opt-out, elementary age and children as young as 3 can’t, according to the law firm representing the parents challenging the policy.

The school board in the fall of 2022 rolled out the school curriculum that celebrates pronouns, pride parades and gender transitioning, including the “inclusivity” reading program for students from prekindergarten through fifth grade.

At the time, parents were given notice and told they could opt their children out.

But in 2023, the school system reversed its policy and said it would no longer notify parents in advance about readings from the disputed texts.

The group of parents from different faiths — Muslim, Catholic, Protestant and Jewish — argued that the school board was infringing on their free exercise of religion since there is no option to opt their child out of storytime.

The lower courts rejected the parents’ request for an injunction, prompting their appeal.

One of the books to which the parents objected, “Pride Puppy,” tells 3- and 4-year-old students to find images from a vocabulary list, including “intersex flag,” “drag queen,” “underwear,” “leather” and the name of a “celebrated LGBTQ activist and sex worker.”

Another volume, “Born Ready: The True Story of a Boy Named Penelope,” promoted what attorneys representing the parents said was a “child-knows-best” view of gender transitioning. They said teachers were “instructed to say doctors only ‘guess’ when identifying a newborn [child’s]” gender.

Oral arguments are expected to take place in the spring, with a decision issued by the end of June.

A spokesperson from Montgomery County Public Schools declined to comment.

Eric Baxter, vice president at the Becket Fund for Religious Liberty, an advocacy group representing the parents, said, “Cramming down controversial gender ideology on 3-year-olds without their parent’s permission is an affront to our nation’s traditions, parental rights and basic human decency. The court must make clear: Parents, not the state, should be the ones deciding how and when to introduce their children to sensitive issues about gender and sexuality.” 

Grace Morrison, who removed her child from school over the policy, said schools should focus on education, not indoctrination. 

“The School Board has pushed inappropriate gender indoctrination on our children instead of focusing on the fundamental areas of education that they need to thrive,” said Ms. Morrison, who is advocating for parental notice and opt-out.

“I pray the Supreme Court will stop this injustice, allow parents to raise their children according to their faith, and restore common sense in Maryland once again.”

• Former Washington Times reporter Mark A. Kellner contributed to this report.