AG Knudsen joins coalition in supporting parents’ rights to opt-out of radical sex ed for children
HELENA – Montana Attorney General Austin Knudsen joined a coalition of 23 attorneys general in standing up for parents’ rights by filing an amicus brief in the case of a Maryland school board denying parents the right to opt-out of sex education for their children.
The attorneys general filed the brief in Mahmoud v. McKnight Tuesday asking the United States Court of Appeals for the Fourth Circuit to reverse a district court’s decision that sided with the Montgomery County School Board, arguing that the school board defied both the Constitution and state law by removing parental opt-outs for sex education. Like Montana, Maryland and the 22 other states on the brief, have laws requiring school systems to allow opt-outs for classes on sensitive material, like family life and sexual education.
“The School Board’s policy in this case — imposing a categorical ban on opt outs for the Pride Storybooks — violates the federal Constitution and Maryland law. Amici States have a compelling interest in ensuring that their political subdivisions and school boards follow state law,” the attorneys general said in the brief. “This is especially so when those state laws are meant to protect their citizens’ First Amendment rights and parents’ rights to direct the education of their children. The School Board’s policy requires children to participate in sex education even where they or their families object on religious grounds. By refusing notice and opt outs, the School Board is infringing on the parents’ and children’s rights.”
During the last school year, the school district introduced “over 22 LGBTQ+ inclusive texts for use in the classroom” for students in pre-kindergarten and elementary school. Even the own school board’s principals objected to the content given the explicit nature of the content and the young age of students. Parents with diverse religious backgrounds took action and objected on religious grounds and sued.
Laws providing parents the “fundamental right to raise and educate their children as they see fit” have been around for decades. In the brief, the attorneys general state that the laws authorizing students to opt out of sex education are longstanding and widespread; and that because of nationwide history and practice, the school board cannot satisfy strict scrutiny.
Attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia also joined the brief led by Virginia.
Click here to read the brief.