Statement Concerning the Court Decision Declining a Preliminary Injunction To Implement Opt Out of Inclusive Teaching Materials

August 24, 2023

TODAY, the U.S. District Court for the District of Maryland issued a decision declining the plaintiff’s motion for a preliminary injunction that would have required Montgomery County Public Schools to allow families to opt out of engagement with LGBTQ+ inclusive texts during English Language Arts instruction. The judge also denied the request for an injunction pending appeal.

The ruling states, “Public schools are not obliged to shield individual students from ideas which potentially are religiously offensive, particularly when the school imposes no requirement that the student violate his or her faith during classroom instruction.” (page 46)

The decision comes after plaintiffs filed a motion for preliminary injunction in June and following a hearing on August 9 before District Judge Deborah L. Boardman. 

MCPS remains committed to cultivating an inclusive and welcoming learning environment and creating opportunities where all students see themselves and their families in curriculum materials. We also will continue to adhere to our responsibility to include instructional materials that reflect the diversity of the local and global community by exploring the aspirations, issues, and achievements of women and men, people with disabilities, people from diverse racial, ethnic, religious and cultural backgrounds, as well as those of diverse gender identity, gender expression, and sexual orientation.


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