Mahmoud v. McKnight
| Docket Number | Civ. DLB-23-1380 |
| Decision Date | 24 August 2023 |
| Parties | TAMER MAHMOUD, et al., Plaintiffs, v. MONIFA B. MCKNIGHT, et al., Defendants. |
| Court | U.S. District Court — District of Maryland |
In this lawsuit, parents whose elementary-aged children attend Montgomery County Public Schools (“MCPS”) seek the ability to opt their children out of reading and discussion of books with lesbian, gay, bisexual, transgender and queer characters because the books' messages contradict their sincerely held religious beliefs about marriage, human sexuality, and gender. Last school year, MCPS incorporated into its English language arts curriculum a collection of storybooks featuring LGBTQ characters (the “storybooks” or “books”) in an effort to reflect the diversity of the school community. Initially parents could opt their children out of reading and instruction involving the books, as they could with other parts of the curriculum. In March of this year, the defendants-the Montgomery County Board of Education, the MCPS superintendent, and the elected board members (collectively the “School Board”)-announced that parents no longer would receive advance notice of when the storybooks would be read or be able opt their children out. Following the announcement, three families of diverse faiths filed suit against the School Board, claiming the no-opt-out policy violates their and their children's free exercise and free speech rights under the First Amendment, the parents' substantive due process rights under the Fourteenth Amendment, and Maryland law.
The parents have moved for a preliminary injunction that requires the School Board to give them advance notice and an opportunity to opt their children out of classroom instruction that involves the storybooks or relates to family life and human sexuality. ECF 23. The motion is fully briefed. ECF 42, 43, 47. The parties have filed supplements in support of their positions. ECF 48, 49, 51, 52, 54, 55, 57. The Court held a hearing on the motion on August 9, 2023. ECF 50. For the following reasons, the motion is denied.
Montgomery County Public Schools is the largest public school system in Maryland and one of the largest public school systems in the country. ECF 36, ¶ 39. As of fall 2021, it included 209 schools with approximately 160,000 students. Id. ¶ 38. Roughly 70,000 of those students attended an elementary school. Id. The Montgomery County Board of Education is the entity authorized by the State of Maryland to administer MCPS. Id. ¶ 36. It has authority to adopt educational policies, rules, and regulations consistent with state law. Id. ¶ 37.
The School Board believes that diversity in its community is an asset that makes it stronger and that building relationships with its diverse community requires it to understand the perspectives and experiences of others. ECF 43, ¶ 5. These values are memorialized in the School Board's Policy on Nondiscrimination, Equity, and Cultural Proficiency, which supports “proactive steps to identify and redress implicit biases and structural and institutional barriers that too often have resulted in” disproportionate exclusion and underrepresentation. Id. ¶ 6; see ECF 42-2. Accordingly, the School Board strives to “provide a culturally responsive . . . curriculum that promotes equity, respect, and civility” and prepares students to “[c]onfront and eliminate stereotypes related to individuals' actual or perceived characteristics,” including gender identity and sexual orientation. ECF 43, ¶ 6. A critical part of the School Board's approach is representation of diverse identities and communities in the curriculum. Id. ¶ 21. “Representation in the curriculum creates and normalizes a fully inclusive environment for all students” and “supports a student's ability to empathize, connect, and collaborate with diverse peers and encourages respect for all.” Id. ¶ 22.
In October 2022, the School Board announced the approval of “over 22 LGBTQ+-inclusive texts for use in the classroom.” ECF 36, ¶ 113. According to the associate superintendent for curriculum and instruction programs at MCPS, Niki T. Hazel, the School Board introduced the storybooks into the English language arts curriculum to further its system-wide goals of promoting diversity, equity, and nondiscrimination. ECF 43, ¶¶ 23-26, 31. In the spring of 2022, the School Board had determined that the books in its English language arts curriculum were not sufficiently representative because they did not include LGBTQ characters. Id. ¶ 23. It initiated procedures to evaluate potential new instructional materials that would be more inclusive. Id. ¶ 24. A committee of four reading specialists and two instructional specialists engaged in two rounds of evaluation and eventually recommended the approval of the storybooks, finding they “supported MCPS content standards and performance indicators, contained narratives and illustrations that would be accessible and engaging to students, and featured characters of diverse backgrounds whose stories and families students could relate to.” Id. ¶ 26; see ECF 49-1.
The plaintiffs have attached seven of the storybooks to their complaint. ECF 1-4, 1-6 -1-11. Pride Puppy! chronicles a family's visit to a “Pride Day” parade and their search for a runaway puppy, using the letters of the alphabet to illustrate what a child might see at a pride parade. ECF 1-4. Uncle Bobby's Wedding tells the story of a girl who is worried that her soonto-be-married uncle will not spend time with her anymore, but her uncle's boyfriend befriends her and wins her trust. ECF 1-6. Intersection Allies: We Make Room for All features nine characters who proudly describe themselves and their diverse backgrounds and connects each character's story to the collective struggle for justice. ECF 1-7. My Rainbow tells the story of a mother who creates a rainbow-colored wig for her transgender child. ECF 1-8. Prince & Knight tells the story of a young prince who falls in love with and marries a male knight after they work together to battle a dragon. ECF 1-9. Love, Violet chronicles a shy child's efforts to connect with her samesex crush on a wintry Valentine's Day. ECF 1-10. Born Ready: The True Story of a Boy Named Penelope is about an elementary-aged child who experiences triumphs and frustrations in convincing others what the child knows to be true-that he's a boy, not a girl. ECF 1-11. Pride Puppy! is for pre-kindergarten and the Head Start program; the other books are for kindergarten through fifth grade. ECF 1-3; ECF 1-15, at 23.[1]
The plaintiffs contend state law requires MCPS to provide opt-outs from the storybooks because, in their view, the books concern family life and human sexuality. The School Board's position is that the storybooks are part of its English language arts curriculum and opt-outs are required only for the family life and human sexuality unit of instruction, a separate curriculum. See ECF 43, ¶ 43.
Maryland law requires local school systems like MCPS to provide “a comprehensive health education” that includes “concepts and skills” related to “family life and human sexuality.” ECF 36, ¶¶ 84-87.
This instruction must “represent all students regardless of ability, sexual orientation, and gender expression.” Id. ¶ 89. Maryland law requires school systems to provide parents and guardians with an opportunity “to view instructional materials to be used in the teaching of family life and human sexuality objectives.” Id. ¶ 99 (citing COMAR § 13A.04.18.01(D)(2)(e)(iv)). Like most other states that require or permit instruction on human sexuality in public schools, Maryland allows for opt-outs from such instruction in certain circumstances and requires schools to adopt “policies, guidelines, and/or procedures for student opt-out” and to provide alternative learning activities. Id. ¶¶ 95, 100-01 (citing COMAR § 13A.04.18.01(D)(2)(e)(i) & (ii)).
Separately, the School Board has adopted an opt-out policy for parents and students who have religious objections to MCPS classroom instruction or activities. Id. ¶¶ 104-12. For the 2022-2023 school year, the MCPS School Board's “Guidelines for Respecting Religious Diversity” (“Religious Diversity Guidelines”) stated, in part:
The individual plaintiffs are Montgomery County...
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