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Protests continue over Mont. Co. policy of ‘no opt-out’ for LGBTQ curricula

Parents file lawsuit to reverse rule; LGBTQ supporters stage counter protests

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Hundreds of parents participated in a demonstration outside the Montgomery County School Board’s office in Rockville, Md., on July 20 to protest a policy by the county’s public school system that doesn’t allow parents to opt-out their children from classes in which lessons or books on LGBTQ related topics are taught.

The protests against the no opt-out policy, as well as counter protests by LGBTQ supportive students and parents, began in March when the Montgomery County Public Schools announced it had ended a temporary opt-out allowance that it started in October.

School system officials said the no opt-out policy is for lessons and books that were part of a plan to diversify an English language arts curriculum that includes lessons covering LGBTQ related issues as well as other diversity related issues like race, religion, and ethnicity.

School officials point out that the LGBTQ lessons are separate from sex education classes taught in the 10th grade for which parents are allowed to opt-out their children on religious grounds or for other reasons.

The parents who want the school system to reverse the policy to allow an opt-out on LGBTQ lessons or books say these lessons infringe on their religious rights based on the U.S. Constitution’s guarantee of freedom of religion.

Several parents filed a lawsuit in May against the Montgomery County Public Schools, on religious rights grounds, asking a judge to issue a temporary injunction to halt the no opt-out policy by Aug. 28, when the first day of school begins for the 2023-2024 school year.

The lawsuit calls for a permanent end to the no opt-out policy that is expected to be litigated over the next year or longer.

“We are religious; we have rights as Americans,” Adon Gedie, a mother of a kindergarten student, told News 4 Washington. “Our kids have a right to be raised as a kid,” she told the TV news station.

“It should be the parents’ right,” Mark Haile, the father of three MCPS students, told News 4 Washington. “Parents should discuss with their kids to decide what they learn,” he said.

News 4 Washington also interviewed some of the counter protesters, who expressed support for the no opt-out policy, including the school system’s selection of LGBTQ related books.

“The books geared to younger kids are just showing a diverse range of families,” Christina Celenza, a mother of a Montgomery County student, told the TV news station. “We have a two-mom household, so my wife and I are really proud and out, and, of course, my kid in kindergarten or pre-K is going to probably talk about his family and his two moms.”

The Washington Post reported that in a court filing in response to the lawsuit, the school system said the current no opt-out policy is lawful “because it doesn’t coerce [the families] into restraining from raising their children according to their religious values or penalize their efforts to direct their children’s religious upbringing.”

The school system response, according to the Post, also points out that school district leaders met with school principals and determined that “individual schools could not accommodate the growing number of opt-out requests without causing significant disruptions.”

Christopher Cram, a spokesperson for Montgomery County Public Schools, sent the Washington Blade a copy of the school system’s most recent statement regarding its LGBTQ related curricula and lessons. Among other things, the statement says all lessons and instructional materials “are age and developmentally appropriate” and, “There is no LGBTQ+ curriculum in elementary school.”

The statement, called Inclusive and Welcoming Learning in Montgomery County Public Schools, adds, “LGBTQ+ inclusive books benefit all students by promoting acceptance and respect and teaching them more about the diverse people and families in the world.”

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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Dan Cox files for governor, seeking rematch with Moore

Anti-LGBTQ Republican ran in 2022

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Dan Cox, the 2022 Republican nominee for governor, has filed to run again this year. (Photo by Kaitlin Newman for the Banner)

By PAMELA WOOD | Dan Cox, a Republican who was resoundingly defeated by Democratic Gov. Wes Moore four years ago, has filed to run for governor again this year.

Cox’s candidacy was posted on the Maryland elections board website Friday; he did not immediately respond to an interview request.

Cox listed Rob Krop as his running mate for lieutenant governor.

The rest of this article can be found on the Baltimore Banner’s website.

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Maryland

Expanded PrEP access among FreeState Justice’s 2026 legislative priorities

Maryland General Assembly opened on Jan. 14

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Maryland State House (Washington Blade photo by Michael Key)

FreeState Justice this week spoke with the Washington Blade about their priorities during this year’s legislative session in Annapolis that began on Jan. 14.

Ronnie L. Taylor, the group’s community director, on Wednesday said the organization continues to fight against discrimination against people with HIV/AIDS. FreeState Justice is specifically championing a bill in the General Assembly that would expand access to PrEP in Maryland.

Taylor said FreeState Justice is working with state Del. Ashanti Martinez (D-Prince George’s County) and state Sen. Clarence Lam (D-Arundel and Howard Counties) on a bill that would expand the “scope of practice for pharmacists in Maryland to distribute PrEP.” The measure does not have a title or a number, but FreeState Justice expects it will have both in the coming weeks.

FreeState Justice has long been involved in the fight to end the criminalization of HIV in the state. 

Governor Wes Moore last year signed House Bill 39, which decriminalized HIV in Maryland.

The bill — the Carlton R. Smith Jr. HIV Modernization Act — is named after Carlton Smith, a long-time LGBTQ activist known as the “mayor” of Baltimore’s Mount Vernon neighborhood who died in 2024. FreeState Justice said Marylanders prosecuted under Maryland Health-General Code § 18-601.1 have already seen their convictions expunged.

Taylor said FreeState Justice will continue to “oppose anti anti-LGBTQ legislation” in the General Assembly. Their website later this week will publish a bill tracker.

The General Assembly’s legislative session is expected to end on April 13.

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