Other books reportedly asked children to locate words such as “underwear” and “leather,” and to explore topics such as “nonbinary” identities, in which individuals believe themselves to be neither male nor female.
The U.S. District Court for the District of Maryland had originally ruled against the parents in August of last year, arguing in part that the parents “are not pressured into violating their religious beliefs in order to obtain the benefits of a public education.”
The appeals court on Wednesday similarly held, in a divided 2-1 ruling, that the plaintiffs “have not shown a cognizable burden” to the free exercise of their religion.
There is “no evidence at present that the board’s decision not to permit opt-outs compels the parents or their children to change their religious beliefs or conduct, either at school or elsewhere,” the court argued.
The plaintiffs did not provide evidence that they have “been asked to affirm views contrary to their views on gender or sexuality, to disavow views on these matters that their religion espouses, or otherwise affirmatively act in violation of their religious belief,” the ruling said.
Eric Baxter, vice president and senior counsel at Becket, said in a statement after the ruling that the court “told thousands of Maryland parents they have no say in what their children are taught in public schools.”
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