Supreme Court Declines Challenge to Montgomery County’s Gender Identity Policy

The U.S. Supreme Court will not hear a legal challenge to the Montgomery County Public Schools (MCPS) system’s policy on gender identity, first implemented in the 2020-2021 school year.

A group of Montgomery County parents and their attorneys argued that the school system’s “gender support plan” infringed on parents’ 14th Amendment rights. They claimed the policy violated their “fundamental rights to direct the care and upbringing of their children.”

The MCPS policy allows for a “student-centered” approach when a student decides to change their gender identity, including changing their name and pronouns. The policy includes a provision for student privacy, stating that support for a student is critical “even when the family is nonsupportive.”

Parents challenging the policy called it a “parental preclusion policy” in their petition to the Supreme Court, arguing that it excludes parents from crucial decisions about their children’s gender identity, thus infringing on their rights.

Christie Scott, coordinator of communications for the Board of Education, expressed satisfaction with the Supreme Court’s decision. “The Board is pleased that the U.S. Supreme Court declined the challenge to MCPS’ Gender Identity Guidelines. This decision ensures we can continue to provide a safe, welcoming learning environment where all students feel accepted,” Scott stated.

This is the second legal ruling in favor of MCPS policies this month. Last week, a federal appeals court refused to block the school system’s policy that prevents parents from opting out of LGBTQ+ storybooks used in the elementary school language arts curriculum.

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