A Maryland district court denied parents' appeal to reinstate an opt-out policy in Montgomery County Public Schools on Thursday.
Although the school district used to allow parents to opt out of the district's gender and sexuality curriculum, schools banned opt-out options in May, which parents said hindered their ability to direct the religious instruction of their children.
The court concluded that, "the plaintiffs' asserted due process right to direct their children's upbringing by opting out of a public-school curriculum that conflicts with their religious views is not a fundamental right."
Parents sought a preliminary injunction that would authorize opt-out options once school begins on August 28, which judge Deborah Boardman also denied:
"Because the plaintiffs have not established any of their claims is likely to succeed on the merits, the Court need not address the remaining preliminary injunction factors. Nonetheless, because a constitutional violation is not likely or imminent, it follows that the plaintiffs are not likely to suffer imminent irreparable harm, and the balance of the equities and the public interest favor denying an injunction to avoid undermining the School Board's legitimate interests in the no-opt-out policy . . . The plaintiffs seek the same relief pending appeal as in their preliminary injunction motion: an injunction that requires the Board to provide advance notice and opt-outs from instruction involving the storybooks and family life and human sexuality. For the reasons stated in this opinion, the Court cannot conclude the plaintiffs are likely to succeed on the merits of an appeal. The plaintiffs' request for a preliminary injunction pending appeal is denied."
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