Parents Ask Supreme Court To Take Up Case Challenging School Policy Pushing ‘Gender,’ ‘Sexuality’ Books On Kids

A group of Christian, Muslim and Jewish parents in Maryland petitioned the Supreme Court Thursday to ask it to take up a case regarding school board policies that keep parents in the dark on books with themes about “gender” and “sexuality” being taught to children.

The case originates from the Montgomery County Board of Education (BOE) instituting an “inclusive” storybook program in 2022 for students in grades pre-K through fifth, initially informing parents of when they would be read until changing that policy in March 2023, also restricting parents’ ability to opt their kids out, according to a press release from the Becket Fund, a non-profit law firm representing the parents. Shortly after the Montgomery BOE announced the change in policy, the group of parents filed a lawsuit against the BOE in May 2023 and lost, and were denied again in May 2024 when they appealed to the U.S. Fourth Circuit Court of Appeals.

The storybooks include topics on gender transitioning, pride parades and preferred pronouns, according to the press release. One book includes terms like “intersex flag” and “drag queen.”

One book mentioned in the suit, called “Jacob’s Room to Choose,” includes two transgender children and a teacher who use a game to convince their class to be “supportive of gender-free bathrooms,” court document states. Another book titled “Pride Puppy,” directed at three and four-year-olds, describes a pride parade and has students identify images including “leather” and “underwear.”

“Most fundamentally, it violates the First Amendment, which guarantees the right of parents to direct the religious upbringing of their children,” Will Haun, an attorney for the Becket Fund, told the Daily Caller News Foundation.

The parents allege that the BOE is targeting them and their kids based on their religious beliefs towards gender and sexuality and is driving a wedge between parents and their children, according to a case summary. The parents argue that the initial change in policy violates Maryland’s law, the board’s policies and the U.S. Constitution.

“Parents shouldn’t have to take a back seat to anyone when it comes to introducing their children to complex and sensitive issues around gender and sexuality,” Eric Baxter, vice president and senior counsel at the Becket Fund, said in the press release. “Nearly every state requires parental consent before high schoolers can attend sex-ed. Parents should have the right to excuse their elementary school children when related instruction is introduced during story hour.”

Despite parents not having the option to opt their children out of learning about the storybooks, the option is given for high schoolers regarding similar lessons that are taught during the sex-education unit for health classes that are state-mandated, according to the court documents.

The Supreme Court will consider deciding on the case in the fall, according to the press release.

The Montgomery County Board of Education did not immediately provide a comment to the Daily Caller News Foundation.