A case was brought before the Supreme Court by Montgomery County (Maryland) parents in April of this year, seeking exemption for elementary school children from books that feature same-sex marriage, gender identity questions, and LGTB themes. The Case focuses on public schools and parental rights.

The parents seek the right to opt their children out of instruction that contains these materials because of religious beliefs. The district denied their requests (though children can opt out of some sex-ed courses).

First Amendment Right of Parents to Exercise Their Religion

The parents asserted that the inability to opt their children out violates their religious beliefs and, thus, their First Amendment right to exercise their religion. They went to Court. After two lower courts failed to give relief, the parents took their Case to the Supreme Court in September 2024, and the Court agreed to take it.

The dispute centers around books featuring LGBTQ themes approved for pre-K through 12th grade for the language arts curriculum in 2022. At first, the County allowed opt-outs of these materials because of faith-based objections. But in 2023, school officials determined that they would no longer allow opt-outs, describing the process as unmanageable and contrary to the district’s goal to remain inclusive. ¹

Some of the books in question

Pride Puppy is the story of a puppy that gets lost in a gay pride parade. This book is recommended for ages 3-5 years old.

Another book is about a girl who attends the same-sex wedding of her uncle.

Born Ready a story about Penelope, a student who identifies as a boy. Children “Teachers are told to instruct students that, at birth, doctors guess about our gender, but we know ourselves best”;

Love, Violet is a story about a same-sex playground romance between two young girls.

Allies is a picture book for children where children are invited to think about what it means to be transgender or non-binary – and they are asked, “What pronouns fit you?”³

Gender Diversity Vs. Religious Diversity

LGBTQ represents diversity – as does the coalition of parents bringing this Case before the Supreme Court. Interestingly, the parents who have gone to federal Court are Muslim, Catholic, and Ukrainian Orthodox. Montogomery County is considered one of the country’s most religiously diverse counties.

The parents point to two different Supreme Court cases as precedents. More than 50 years ago in Wisconsin v. Yoder, the justices recognized the parents’ rights ‘to guide the religious future and education of their children.'”

The parents cite the Supreme Court’s 1993 decision in Church of Lukumi Babalu Aye v. City of Hialeah, regarding neutrality and applicability with the opt-outs.

Stated one involved Montgomery County parent Svitlana Roman:

“We, on behalf of other parents sharing our faith, ask the Supreme Court to stand up for the rights of our children in accordance — for us to raise our children in accordance with our faith and protect them from instruction on controversial topics that go against our deeply held religious beliefs”²

Montgomery County Asks the Court to Dismiss the Case

“MCPS (Montgomery County Public Schools) believes that 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.” ³

The Case has national implications and is being watched nationwide by religious, legal, and educational groups – many of whom have filed their own court-friendly briefs.

Groups Watching Nationwide

School Superintendents Association, Consortium of State School Boards Associations, Council of the Great City Schools, and National School Attorneys Association filed a 30-page brief encouraging the Supreme Court to use care:

“Whatever rule the Court promulgates in this case will apply far beyond the circumstances of this dispute,” ³

Ruling on the Case should occur in late June or early July. We will follow up on the Case and post updates.

Georgia Parents Concerned about “Diversity”

The arguments in the Montgomery case parallel similar concerns held by Georgian parents regarding materials in the school libraries. Books about two dads, sexual identity questions, and LGBTQ started to pop up more frequently after 2020.

The books became more prevalent in Georgia when school systems brought in Inclusion, Diversity, and Equity officers in 2020. Some parents felt exposure of their children to these materials was against their religious beliefs and social and cultural mores.

Caught Off Guard

Parents were not alerted by the schools regarding the presence of these books. Instead, parents found out when their children started to check out books and brought them home. No matter what culture or religion they were from, parents were being asked questions by their children that they were not prepared to answer.

Parents began to realize that it is best to remove the books before children can see them. There are just some things that cannot be “unseen.”

So, parents began to educate themselves on how books got into the libraries and what to do about it. They began to work together.

What They Learned

In Georgia, libraries were audited by the accreditation agency (Cognia) to ensure that these “diverse” materials were included.

In Forsyth County, parents collaborated and showed up at multiple school board meetings to make the public aware of sexually explicit material in media centers.

School officials hesitated to remove them because of ‘free speech” arguments and legal pressure regarding DEI.

However, some books were moved from middle school to high school because of the efforts of determined parents.

What They Did

Parents learned how to navigate the library database in each school library through a system called Destiny Discover – an interface set up for search and access to all library print and digital resources. They now had an online method where they could be alert as to which books were specifically in their children’s library.

Forsyth County residents went a step further.  A group of concerned parents proposed a library notification system that would alert parents to all material checked out by their student.  This notification system was quickly activated throughout the county and allowed any parent to opt-in to receive an email when their student checks out a book.

Once parents discovered books they felt were developmentally inappropriate, exposure was the sure way to gain more momentum and attract more concerned parents to join the battle.  Several parents across the nation began reading these nauseating books and reporting on them, thus creating the rated books site. (ratedbooks.org)

Rated Books

The rated books site allows parents to meet and organize with other parents, discover what is in their children’s school libraries, and challenge vulgar books.

Parent teams around the country organized around the rated books system and worked towards the goal of 10 rated books per month nationwide.

The group, mostly volunteers, is well organized into four teams. One team takes parent calls; another submits the book for review and data collection. Another group writes the report – a team member reads the report and rates the book. The rating 0-5 is based on content, with five being the worst.

When parents go to this site, they can be assured that much careful study has been put into reviewing the books. Parents can rest easily because they don’t have to read books – someone else is doing that.  Just grab the book report and then challenge the material in the library.

Appealing Books in Georgia

In 2022, Georgia SB 226 was passed, which defined the process of appealing a library book.

The procedure for appealing a book is described understandably by Freedom in Education.

Also, any school library can tell parents how to challenge materials.

A great deal has been accomplished, but the work is not complete yet.

Harmful to Minors, but OK for Libraries

“Harmful to Minors” is defined by Georgia 16-12-102. However, a law had been passed in Georgia that allowed libraries and school media centers to be exempted.

The Good News

Recently passed Georgia legislation states that schools are only evaluated on their fiscal responsibility and academic performance.

Before this legislation, there were more than 20 factors that schools were being accredited for, including the DEI.

Now that the books have gotten into the school libraries, it is up to parents to challenge them.

Parents should stay on top of books their children are exposed to. Use the rated books website to search literary choices. Challenge an inappropriate book using the book appeal process.

And if you want to meet like minded parents check here.

References:

1.Howe, Amy. Supreme Court considers parents’ efforts to exempt children from books with LGBTQ themes.Scotus Blog. April 21, 2025. https://www.scotusblog.com/2025/04/supreme-court-considers-parents-efforts-to-exempt-children-from-books-with-lgbtq-themes/

2.Awaz, Ama. Coyle, Marcia. Bowie, Taylor. “Supreme Court hears major case on public school curriculum and parental rights.” PBS.April 22, 2025. https://www.pbs.org/newshour/show/supreme-court-hears-major-case-on-public-school-curriculum-and-parental-rights#tran script

3.Ford, William. “Groups nationwide eye Supreme Court hearing on Montgomery County LGBTQ books in schools case”.Maryland Matters.22 April 2025 https://marylandmatters.org/2025/04/22/groups-nationwide-eye-supreme-court-hearing-on-montgomery-county-lgbtq-books-in-schools- .