In March 2023, MCPS reversed its policy of providing parents notice and an opt-out option regarding LGBTQ+ texts in K-5 school curriculums. MCPS had implemented this change citing the need to comply with the state district’s guidelines for religious accommodations. However, once made aware of the discontinuation of the former state transparency policy, several Montgomery County parents of various religious backgrounds sued then-Superintendent Monifa McKnight, as well as the then-standing Board of Education (BOE), claiming the reversal violated their religious freedoms and parental rights. This case, originally filed as Mahmoud v. McKnight, was updated to reflect changes in MCPS leadership and the introduction of a new Superintendent, Thomas Taylor, today being referred to as Mahmoud v. Taylor.
At the case’s first trial, lead plaintiff Tamer Mahmoud, a Muslim MCPS father, appeared before a federal judge in a district court, where his request for a preliminary injunction that would temporarily stay the MCPS policy change was denied. After appealing to the next highest court, the U.S. Fourth Circuit Court of Appeals, based in Richmond, VA., the plaintiffs were again dealt a setback when the court found that the case lacked evidence that the schools forced the families to change or violate their religious beliefs. The plaintiffs then petitioned the Supreme Court of the United States, which agreed to hear the case on Jan 17, 2025.
“[The MCPS BOE] has failed the religious,” Chris Persak, a co-plaintiff, said in an April 11, 2024 testimony to the BOE. Persak declined to comment, citing legal concerns, but referred to his past statements on the case.
Persak has two elementary-aged daughters in MCPS, and his wife, Melissa Persak, is an alumna of Sherwood High School. After years in the school district, the couple felt compelled to use their religious affiliations as Roman Catholics to defend why their and their children’s religious freedom should allow them to take the opt-out option.
“Help us understand the groups that the MCPS Board protects and defends versus the groups the Board allows to be attacked,” Persak said. “Look in the mirror and say out loud that the board is anti-student, anti-teacher, anti-parent and anti-religious.”
MCPS approved books featuring LGBTQ+ content into the English curriculum for K-5 students in October 2022. These approved books, including titles such as “Pride Puppy” and “Born Ready: The True Story of a Boy Named Penelope” focus on topics such as sexual orientation, gender transition and gender identity. The plaintiffs of the case believe that these books are not age-appropriate for students and do not align with their religious beliefs or methods of education.
“A reason why parents want a say in what their children are learning is because the parents want to make sure that what their children are learning is age-appropriate,” an MCPS second-grade teacher, who spoke on condition of anonymity, said. “They also want to be able to answer questions, if their child has any when at home.”
MCPS maintains that the existence of LBGTQ+ books in the curriculum brings much-needed inclusion and diversity to classrooms, especially at the elementary level where students tend to be more open to new concepts. MCPS also contends that the removal of the opt-out system both adheres to county guidelines on curriculum materials and lightens the logistical burden caused by the previous existence of the said system. When the opt-out system was still available, there were reports of far too many opt-out requests to handle properly and a justification for the eventual removal of the option was the overload and inability to properly process the requests.
“It is important to have books with characters with other identifying markers than ourselves because it will help expose kids to what is different from their own life, helps kids learn about others, make connections, see similarities between themselves and others,” the MCPS teacher said. “It is important to show a diverse background of characters in books for students at such a young age because it helps children relate to main characters in different settings.”
Since the case against the county was first launched and the plaintiffs have faced two losses in court, MCPS has been confident in pursuing litigation to its end at the nation’s highest court. The parent plaintiffs, on the other hand, see the upcoming Supreme Court hearing as a chance to appeal for a third time to a higher body. With the case heading to the Supreme Court, both sides of the lawsuit are now looking forward to a definite conclusion on the case, as well as setting a nationwide precedent for years to come.
“MCPS is committed to providing a safe, welcoming and inclusive learning environment for all students,” MCPS Superintendent Thomas Taylor said. “This includes physical safety, emotional safety and psychological safety. We look forward to our day in court to defend our values.”
