A group of MCPS parents appealed a case to the Supreme Court regarding the use of LGBTQ-themed books in school classrooms.

The parents, in the case known as Mahmoud v. Taylor, are seeking the right to be notified by the teacher when LGBTQ content is taught and to “opt-out” from learning with LGBTQ content.

The case revolves around an MCPS policy from the 2022-2023 school year, when MCPS implemented six new LGBTQ+ inclusive books to elementary school ELA (English Language Arts) curricula. MCPS revised its opt-out policy in March 2023, no longer having an opt-out as an option, as well as no longer requiring teachers to notify parents when there is a book in class containing transgender or homosexual content.

The reversal of the opt-out policy angered many parents. Many families do not want their kids to be exposed to certain content in the classroom, often citing religious reasons. The parents in the court case refer to the free-exercise clause of the First Amendment, stating that parents have a constitutional right to guide their student’s religious education. The Becket Fund for Religious Liberty is the group representing the parents.

“[The] parents are simply asking to be notified when the books will be read to their children and to be given an opportunity to opt out,” the group said. “By denying these longstanding arrangements the Board is violating the parents’ inalienable and constitutionally protected right to control the religious upbringing of their children, especially on sensitive issues concerning family life and human sexuality.”

The parents’ attorneys first filed their lawsuit in federal court in May 2023, where the court denied the request for an injunction. On Dec. 5, 2023, the case was heard at the Fourth Circuit Court of Appeals and in May, the court sided with MCPS and the lower court, ruling that MCPS has no obligation to notify parents about specific content in classes. Four months later, on Sept. 12, the parents appealed to the Supreme Court to hear the case by filing a petition for a writ of certiorari.

The decision on whether the case will be heard will come later in the fall and will require four of the nine justices to agree to hear the case. Typically, only about 100-150 of the 7000 petitions filed each year are heard.

Following the initial lower court ruling in 2023, MCPS issued a statement, citing that “public schools are not obliged to shield individual students from ideas which potentially are religiously offensive.”

AP English Language and Composition and Honors English 11 teacher Alexis Phares believes that exposure to different types of books can help students broaden their knowledge.

“As a teacher, my goal is for students to create a joy in reading and expand both their imagination and critical thinking skills,” Phares said. “Ultimately, I want students to feel empowered to explore what they love no matter the topic.”

Since it was only recently that MCPS included LGBTQ-themed books in elementary schools, many current high schoolers haven’t grown up with as much knowledge about the topic.

“I mean obviously people can decide what’s best for their own kids,” Gender Sexuality Alliance (GSA) treasurer and junior Sadie Steenberge said. “But I think that, especially for elementary schools, the books being read aren’t more than just a kid who has gay parents or a gay aunt or something like that. I think that for our world to be more accepting of people, it should be taught at that level.”