Background Materials Updated Oct. 7, 2023

The purpose of this blog post, entitled “Background Materials” is to provide information for those of us who may be new or relatively new to organizing generally, or who may not be aware of the particulars of the history of LGBTQ+ progress in the public schools over the last two decades.  I hope you will find it useful.

David

 

 

To get a full context of the history leading up to the present battles, I suggest reading these two pieces these two Background Pieces, which also include lessons learned from the earlier struggles.  

 

Background: 2002-2015, with Epilogue covering 2015 thru Winter 2023

Curriculum Victory in Montgomery County, MD: A Case Study and Handbook for Action (Revised edition with Epilogue), from the Metro DC Chapter of PFLAG

https://static1.squarespace.com/static/64067f4d4c57f005dc417877/t/6408b6be67ea2851d49fd3c5/1678292670865/Curriculum+Victory+in+Montgomery+County-vf-2023.docx.pdf

 

More Background, 2002-2010: Guest Posts on Human Rights Campaign’s National Blog, September 2010

https://davidfishback.blogspot.com/2023/02/human-rights-campaign-guest-post-back.html

At the end of this blogpost, please find an excerpt from the 2010 and 2015 documents that is still salient today. 

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Regarding earlier litigation, these posts should be useful.

 

2022 Protecting Transgender and Gender Non-Conforming Students: Major Court Victory Protecting Transgender and Gender Non-Conforming Students https://davidfishback.blogspot.com/2022/08/protecting-transgender-and-gender-non.html

  (Note:  Plaintiffs appealed this decision to the U.S. Court of Appeals for the Fourth Circuit, which dismissed the appeal on standing grounds. See https://moco360.media/2023/08/15/court-upholds-dismissal-of-lawsuit-challenging-mcps-gender-identity-guidelines/)

 

2020 What the Supreme Court’s Bostock decision means for the ACA – and what the dissents signal for progress 

https://davidfishback.blogspot.com/2020/07/what-supreme-courts-bostock-decision.html  (My hope at the end of this piece may have been too optimistic, but things are very fluid right now.)

 

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Here are relevant materials from 2023. 

October 7, 2023, MoCo education can't be decided by conservative activitist: Assault on inclusive instruction is a threat that can no longer be ignored,  from MoCo369 by Rebekah Kuschmider  https://moco360.media/2023/10/07/opinion-moco-education-cant-be-decided-by-conservative-activists/?fbclid=IwAR0-zpbRy9JYDLAcRwck7FiYDxS5yvMUp8q3QRqDg2UEq3PQxAnoGIW39k0

August 24, 2023, MoCo360 report on district court denial of Mahmoud plaintiffs motion for preliminary injunction

https://moco360.media/2023/08/24/no-injunction-issued-in-mcps-lgbtq-books-lawsuit/

                          District Court decision denying preliminary injunction

https://moco360.media/wp-content/uploads/2023/08/JUDGES-RULING.pdf  (Note:  Plaintiffs filed an emergency appeal of the district court's denial, which is scheduled to be fully briefed in the U.S. Court of Appeals by Oct 30, 2023.

August 4, 2023, MoCo LGBTQ Opt-Out Debate Must Focus on Facts, Not Misrepresentations, from MoCo360   https://moco360.media/2023/08/04/moco-lgbtq-opt-out-debate-must-focus-on-facts/   

July 11, 2023, We Can't Opt-Out of Diversity in Our Schools and Communities, from Maryland Matters

https://www.marylandmatters.org/2023/07/11/commentary-we-cant-opt-out-of-diversity-in-our-schools-and-communities/

July 1, 2023, The Facts About the Controversy Over MCPS Opt-Out Policy https://davidfishback.blogspot.com/2023/06/the-facts-about-controversy-over-mcps.html

June 24, 2023, Letter of Support from the Coalition for Inclusive Schools and Communities (with signers)

https://docs.google.com/forms/d/e/1FAIpQLSfUBMCnUSsaRm1kFl5u-z1dfrOxGMYERIqoNJ8c9IMsvs9tgw/viewform

March 10, 2023 Presentation at Bet Mishpachah

 https://www.facebook.com/watch/?v=123341783905221&ref=sharing

 

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Inasmuch as it has become clear that the 2023 controversy will likely be an issue in the 2024 Board of Education Elections, these resources from past elections should be useful.

 

BOARD OF EDUCATION ELECTIONS (2022, 2020, 2018, 2010)

 

2022 BOE Election Materials

https://davidfishback.blogspot.com/2022/10/observation-on-last-night-board-of.html

https://davidfishback.blogspot.com/2022/10/board-of-education-and-other.html (Endorsements)

https://davidfishback.blogspot.com/2022/09/two-problematic-montgomery-county-md.html (Esther Wells’ candidacy)

https://davidfishback.blogspot.com/2022/05/metro-dc-pflag-montgomery-county_33.html (Metro DC PFLAG questionnaires)

 

August 10 – Related blog on the County Executive Race:  https://davidfishback.blogspot.com/2022/08/republican-nominee-for-county-executive.html

 

2020 BOE Election Materials

 

December 31 Follow up to Fomenting Fear and Division in Montgomery County (May 2020)

https://davidfishback.blogspot.com/2020/12/follow-up-to-fomenting-fear-and.html

 

May 23, 2020 My perspectives on the 2020 Montgomery County Board of Education election primary

https://davidfishback.blogspot.com/2020/05/my-perspectives-on-2020-montgomery.html

 

May 3, 2020 Fomenting Fear and Division in Montgomery County, from Maryland Matters,

https://www.marylandmatters.org/2020/05/01/opinion-fomenting-fear-and-division-in-montgomery-county/

 

March 22, 2020 Metro DC PFLAG Questionnaire Responses from BOE Primary Election Candidates.

https://davidfishback.blogspot.com/2020/03/metro-dc-pflag-montgomery-county-at_22.html (At-Large answers, with links to the District Candidates’ answers)

 

2018 BOE Election Materials (and reference to 2010)

 

“At the outset, I should note that for the last several BOE election cycles, my principal concern was how the candidates felt about LGBTQ issues in the Montgomery County Public Schools (MCPS).  In the last few years, the principal policy battles have been definitively won.  In recent cycles we have had candidates who opposed the progress with have made in this area, but all have been defeated. In 2010, there was a “stealth” candidate who initially tried to hide her history of anti-LGBTQ advocacy; once her activities were made public, her star faded, and she was defeated.  This year the Metro DC Chapter of PFLAG sent out short questionnaires to all the candidates to get them on record.  All but two candidates responded, and all who responded indicated support for the progress we have made.  The questions and answers may be found here here and here.

  [NOTE: For a fuller discussion of the 2010 BOE election, and more hyperlinks, see p. 15 of Curriculum Victory in Montgomery County.]

 

https://davidfishback.blogspot.com/2018/06/2018-primary-endorsements-part-two.html

 

http://davidfishback.blogspot.com/2018/05/metro-dc-pflag-montgomery-county-at.html (At-Large answers, with links to the District Candidates’ answers)

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Communicating with students and others about how we have their backs and speaking and writing in the public square – including when there is not an immediate crisis -- is important Here are some examples that received wide distribution during the last Administration.  

Monday, September 2, 2019

Resources: Sexual Orientation and Gender Identity Matters in the Montgomery County (MD) Public Schools (2019)

https://davidfishback.blogspot.com/2019/09/resources-sexual-orientation-and-gender.html

 

Monday, May 13, 2019

Maryland PFLAG Chapters' Letter to Gov. Larry Hogan Urging Action to Protect Transgender Maryland National Guard Service Members and Recruits

https://davidfishback.blogspot.com/2019/05/maryland-pflag-chapters-letter-to-gov.html

 

Friday, April 12, 2019

Thoughts on the current exchanges between Pete Buttigieg and Mike Pence https://davidfishback.blogspot.com/2019/04/thoughts-on-current-exchanges-between.html

(this is not so much about Buttigieg and Pence as about exchanges I had with leaders of the Opposition in Montgomery County in 2004)

 

Monday, April 16, 2018

Thank you note to the Montgomery County Board of Education (re the naming of a new elementary school after Bayard Rustin

https://davidfishback.blogspot.com/2018/04/thank-you-note-to-montgomery-county.html

 

March 29, 2018

Thank you letter to Montgomery County Board of Education regarding its Gender Identity Guidelines

https://davidfishback.blogspot.com/2018/03/temple-emanuel-brit-olam-letter-to-mcps.html

Thursday, February 8, 2018

Testimony on HB 13 in the Maryland House of Delegates http://davidfishback.blogspot.com/2018/02/testimony-on-hb-13-in-maryland-house-of.html

(including letter published in the Washington Times)

 

Tuesday, November 21, 2017

Transgender Day of Remembrance Interfaith Service and the Spiritual Journey of a Fine Woman

http://davidfishback.blogspot.com/2017/11/transgender-day-of-remembrance.html

 

Friday, October 13, 2017

President Trump speaks to hate group

https://davidfishback.blogspot.com/2017/10/president-trump-speaks-to-hate-group.html

 

Sunday, October 8, 2017

Presentation at the Communities United Against Hate School Conference, October 7, 2017

http://davidfishback.blogspot.com/2017/10/presentation-at-cuah-school-conference.html

 

Monday, March 27, 2017

Recap and Resources: Sexual Orientation and Gender Identity Matters in the Montgomery County Public Schools

https://davidfishback.blogspot.com/2017/03/recap-and-resources-sexual-orientation.html

 

Wednesday, February 22, 2017

TRANSGENDER STUDENTS IN MONTGOMERY COUNTY: YOUR RIGHTS IN MCPS HAVE NOT CHANGED.

https://davidfishback.blogspot.com/2017/02/transgender-students-in-montgomery.html

 

Thursday, January 12, 2017

"We are enraged, but engaged": Views from the PFLAG/LGBT Community in the face of the incoming Trump Administration

http://davidfishback.blogspot.com/2017/01/we-are-enraged-but-engaged-views-from.html

 

Sunday, December 4, 2016

Life Goes On: Advocacy for LGBTQ Youth

https://davidfishback.blogspot.com/2016/12/life-goes-on-advocacy-for-lgbtq-youth.html

Post-Script:  The blogposts noted here typically have received hundreds of hits, going as high as more than 3,300 hits.  So when you have a good blogpost and distribute it, it can lead to large numbers of people reading them, and thus having an impact.

Most of this excerpt from the 2010 and 2015 documents is still salient today:

1. As more LGBT people come out, more straight people are willing to talk about their LGBT relatives, friends, co-workers, and acquaintances. Once you begin real conversations about the challenges that society poses for gay people – whether with school officials, reporters or members of the general public – more people will begin to talk about their LGBT relatives, friends, co-workers, and acquaintances. As this happens, more LGBT people may be more likely to come out. Always be ready to tell your stories. Personal stories of real people, real pain, and real struggle often do as much or more than abstract academic conclusions to help people understand the importance of action. This openness breaks down the walls that have kept people from confronting the issues. Once those walls break down, progress can be swifter. 

2. School officials – both elected and non-elected – need information, not just conclusions. This is important because when being asked to take steps in directions previously not taken, and where there may be pushback from others living in the school district, officials need to know not just the general conclusions about sexual orientation, but also the fact that those conclusions are supported by the mainstream medical and mental health care community. This will assist those who already agree with us, and can bring along those who may not have thought about the issue enough to be ready to take the needed steps. And, in the context of the emerging understandings about sexual orientation and gender identity, such information may help bring along those who once had been in the opposition. 

3. Identify allies within school system. There may well be many teachers, guidance counselors, administrators, and others who will be supportive of your efforts. They may be able to provide insights into the ins and out of your school system. But, depending on the nature of the bureaucratic culture of a particular school system, they may or may not be able to be public allies. Of course, if schools have Gay/Straight Alliances (now more popularly known as Gender and Sexuality Alliances (GSAs), the GSA sponsors, and the students themselves, may be great partners. 

4. Identify and work with allies outside the school system. Don’t think you have to go it alone. Find other groups – both governmental and non-governmental – who may be supportive. They may be part of the process of figuring out how best to proceed, including entrée to decision-makers. They may also be invaluable in creating an atmosphere of support in the community-at-large. 

5. The media needs to be well informed. In the Montgomery County situation, advocates educated local reporters about the reality of where the mainstream health care professional associations stood, and why they held those positions. We did this not just at the time of the onset of a big story, but, whenever possible, in advance of such events. By sufficiently educating reporters in advance – just like we did for school officials and the public at large – the reporters were more able to present balanced articles, rather than simply writing on the fly. 

6. Find forums in which to present your views and your evidence. Letters to the editor, op-ed pieces, and presentations on broadcast media are important. Find those outlets and use them. Always be prepared to make the best case for your position. Do not limit your advocacy to matters specifically related to curriculum. We need to foster a general atmosphere of understanding; such an atmosphere helps not only school system efforts, but other advancements, as well. 

7. Personal relationships matter. As in any community, personal relationships developed over the years are very useful. In Montgomery County, for example, a principal advocate had worked for years as a PTA volunteer, as a local PTA president, and as a member of a number of other advisory committees and community school advocacy committees. In those activities, he developed relationships and credibility that made it easier to be an advocate for potentially controversial issues, like this one. 

8. Never underestimate the depths to which the opposition will go to impose their views. This may seem harsh, but sadly it is a reflection of reality. The opposition, at least in our experience, does not simply reach conclusions by seeing the world through a different side of the prism. Rather – perhaps because their views are ideologically and theologically based – they often seem to take the view that the ends justify the means. We always need to be prepared for that, and to be prepared for the most outrageous attacks imaginable. Significantly, we need to be prepared to assist school systems in defending against lawsuits the opposition may bring in order to intimidate, and to be able to convince school systems that, if necessary, it is worthwhile to stand up to such intimidation. 

9. Be ready for wolves in sheeps’ clothing. More skillful members of the opposition may couch their arguments in terms of respect for all without condoning or encouraging what they view as immoral behavior, all the while focusing on the respect angle. We must always remember that generalized statements of civility are nice, but they do little good if they are coupled with policies that marginalize our LGBT children. Also, keep in mind that people may run for school boards, or other public offices, without revealing that they have an anti-gay agenda. 

10. Always be civil and dignified. It will be tempting to lash out in public against outrageous attacks on ourselves and/or our children. But it is always more important to channel that passion into effective public presentations. Anger may create a good news story on some television stations, but it does not advance the ball. Over time, people of good will come to recognize the humanity of everyone, regardless of sexual orientation. 

11. Efforts to reform our public schools take hard work and dedication. Activists who care about educating children on the realities of sexual orientation must be prepared to do the hard work of educating both school officials and the community-at-large. They also must carefully cultivate allies, and develop a sense of when to push hard, and when to give people in power the space to act. It is also important to understand which players we can count on to be proactive – and how to help them be so.

 

Maryland Matters Commentary: We can't opt out of diversity in our schools and communities

 

Commentary: We can’t opt out of diversity in our schools and communities 

By Guest Commentary

July 11, 2023

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By David S. Fishback, Metro DC PFLAG co-chair for Maryland advocacy; Jill Ortman-Fouse, a former member of the Montgomery County Board of Education; Rev. Rachel Cornwell, United Methodist clergy; Michael Solomon, a former MCPS student leader and co-founder of MoCo 4 Change; and Laura Stewart, a PTA leader.

The writers are members of the Coalition for Inclusive Schools and Communities.

Montgomery County is one of the most diverse areas in the country. Recognizing this fact, the Montgomery County Public Schools (MCPS) has been working to create an educational environment that includes and embraces previously marginalized groups by reflecting their diversity in its curriculum, staffing, and culture. Students do best when they feel connected to their schools and know they belong.

MCPS policy includes the use of age-appropriate storybooks that include LGBTQ+ people and their families. Faced with objections from some parents who wish to opt their children out of exposure to these materials, MCPS recently reiterated and affirmed its systemwide policy. This has led to a campaign by some to reverse that policy through litigation and pressure.

Litigation and pressure

The Becket Fund for Religious Liberty filed a lawsuit on behalf of three parents seeking to require MCPS to allow them, for religious reasons, to opt-out of classes that use LGBTQ+ inclusive storybooks.

The Becket Fund not only falsely claims that the storybooks are part of a sexuality education curriculum, but makes unfounded assertions about the validity of the concerns that have led MCPS to be inclusive of LGBTQ+ people. Specifically, Paragraphs 142-148 of the complaint press arguments diametrically opposed to the wisdom of mainstream medical associations like the American Academy of Pediatrics and  American Medical Association. The complaint instead relies on the American College of Pediatricians, a fringe ideological entity deemed a “hate group,” which asserts that being gay or lesbian or transgender is a mental illness and that LGBTQ+ people can be “cured” by so-called conversion therapies — therapies which are banned in Maryland for minors.

In addition, it is significant that a proponent of the recent demonstrations is Moms for Liberty, which has become a nationwide force seeking to eliminate discussion of the legacy of American slavery and racism, ban pandemic-related public health precautions in our schools, and eliminate portrayal of LGBTQ+ people and their families. In a recent podcast, for example, the chair of the Montgomery County Chapter of Moms for Liberty described supporters of any inclusion of LGBTQ+ people as “the Alphabet Mafia.”

What actually is involved in the dispute?

MCPS acted legally in not permitting an opt-out option for storybooks. While an opt-out option is mandated by Maryland law for instruction on human sexuality (the only part of the curriculum as to which parents have a right to an opt-out), the storybooks at issue do not involve sex. As one MCPS parent explained in testimony before the Board of Education, “The book ‘Prince and Knight’ is no more about gay sex than ‘Cinderella’ and ‘Snow White’ are about heterosexual sex.”

It is important that all students see themselves and their families in the stories they read and the work they do. Seeing themselves, feeling a sense of belonging, reduces self harm, substance use, and death by suicide.

MCPS’s determination to include reading materials that embrace a wide range of people of diverse backgrounds and identities, including LGBTQ+ characters, is a good thing. No one should feel that they don’t belong in our classrooms. The storybooks at issue do not teach students to become LGBTQ+. They do convey inclusion and kindness, part of MCPS’s core mission.

The MCPS Board of Education’s  inclusion policies impelled its determination that there should not be an opt-out from lessons using inclusive books in the language arts curriculum. Texts with LGBTQ+ characters are fundamental to MCPS’s mission of inclusive and welcoming learning, as is the reflection of all student and family identities in texts. If opt-outs were allowed in this circumstance, then LGBTQ+ people and their families would be stigmatized and discriminated against — precisely what wise Board-approved policies are intended to combat.

Consider the ramifications of allowing opt-outs any time a parent objected to their students’ exposure, for example, to the teaching of evolution in biology classes. Or teaching the accurate history of slavery. Or the contributions of recent immigrants to our country.

So where do we go from here? 

Parents are always able to have discussions with their children about their own theological beliefs. We hope that the parents who wish to have an opt-out will stay in our public schools — their abandonment would undercut everyone’s ability to understand each other. But we cannot sacrifice the well-being of our student body as a whole by conveying a message that it is ok to marginalize some groups of people.

If parents have particular issues with specific storybooks because they do not believe they are age-appropriate, then they should have an avenue to express their concerns, and give MCPS the opportunity to address those concerns. 

https://www.marylandmatters.org/2023/07/11/commentary-we-cant-opt-out-of-diversity-in-our-schools-and-communities/

Links June July 2023

 

https://www.marylandmatters.org/2023/07/11/commentary-we-cant-opt-out-of-diversity-in-our-schools-and-communities/

https://davidfishback.blogspot.com/2023/06/the-facts-about-controversy-over-mcps.html

https://docs.google.com/forms/d/e/1FAIpQLSfUBMCnUSsaRm1kFl5u-z1dfrOxGMYERIqoNJ8c9IMsvs9tgw/viewform or  https://tinyurl.com/InclsvSchl 

Print:

 

https://moco360.media/2023/06/27/throngs-of-protesters-demand-mcps-reconsider-exemption-from-lgbtq-schoolbooks/?fbclid=IwAR0w7j10Qey_mr9k3KntT6LYXu8XshpvVh1aiRHbHLSP9jerCZ8EFG3In6I (includes link to Coalition  letter)

 

https://www.washingtonpost.com/education/2023/06/27/muslim-orthodox-lgbtq-books-mcps/

 

https://www.washingtontimes.com/news/2023/jun/27/scores-parents-turn-out-rally-opposing-montgomery-/ (behind a paywall)

 

 

 

Video:

 

https://www.mymcmedia.org/parents-rally-again-to-demand-opt-out-option-for-lgbtq-reading-in-schools/?fbclid=IwAR07MQAkTNJnH9jntSBHbwsI_LSI7_n_q9uLNWzQxVcmJHnzrftv_wPBNU0

 

Channel 5

https://www.fox5dc.com/news/protestors-flock-to-mcps-school-board-meeting-over-opt-out-policy?fbclid=IwAR2SbTsgGVSe4LX3SIdr4U8v384I4_4IV4cxPY8QgqJLTJA2ehPrpvmAEP0 (Local Fox)

 

Channel 40 (Xfinity number)

 

https://www.foxnews.com/us/interfaith-parents-protest-maryland-school-districts-lgbtq-curriculum-demand-right-kids-opt-out?fbclid=IwAR3O1WoUB4ZeDxV7NXL0YDmruE7WI56-Or-67qSmspvo94MPpjWRqOY1oH8 (National Fox)

 

Channel 9

https://www.wusa9.com/article/news/education/montgomery-county-parents-rallying-opt-kids-out-lgbtq-lessons-religious-beliefs-education-maryland/65-e1aaf951-c6d9-437a-8bf7-9fe5a75c7b71?fbclid=IwAR2pOk_OFIUVwivMwvfPGR3oEpSxXVJuAcXWAaqQAe8Za3HSq0XK-NrRHSs

 

Channel 7

https://wjla.com/news/local/montgomery-county-public-schools-lgbtq-plus-opt-out-policy-trans-protest-mcps-parents-muslim-christian-religious-beliefs-board-of-education-meeting-children-students-teachers-letters-inclusive-books-us-constitution-maryland-education?fbclid=IwAR0k2dmSZsVrHcU2f4LX81oi0yv8vSEO5qo2Wlq8_DHYk9X2xVwZuOBpOKY

 

Channel 4

https://www.nbcwashington.com/news/local/montgomery-county-parents-protest-literacy-lessons-on-gender-and-lgbtq-issues/3374829/

 

DC News Now

https://www.dcnewsnow.com/news/local-news/maryland/montgomery-county/hundreds-protest-for-lgbtq-books-opt-out-option-in-montgomery-county-schools/?fbclid=IwAR04DfujtUbOaIEbDT8zU2q5wtQfEh2olLl9Yvy4iRBHY7KVfC-0JdWWwdM

 

 

Radio

https://wtop.com/montgomery-county/2023/06/we-will-never-surrender-our-children-groups-protest-montgomery-co-schools-opt-out-provision/?fbclid=IwAR3k3lR6UZeSDK-RoWqHvN2BZV0sB63zVhSdsCU_8I55R2xeQ3GQGWpxcdM

 

https://wtop.com/montgomery-county/2023/06/parents-religious-groups-to-protest-montgomery-co-schools-gender-and-sexuality-curriculum/?fbclid=IwAR3PkXSaqF9Dx9z-R2aZQ8Wbfj2TRjFbBAkqcYKaru0CVGvALW3F1vwgYRQ

 

June 27, 2023 

 Jennifer Martin testimony  https://drive.google.com/file/d/1bj5QWJgw8uMR0VJZX9teF9uK-nNTTVOz/view

Joselyn Guyer testimony  https://www.youtube.com/watch?v=2MxWe7hs4Qw

 

https://www.youtube.com/watch?v=1qor9dXgPx4  BOE Public Comments

https://www.youtube.com/watch?v=1qor9dXgPx4 Testimony from Co-Founder of the Coalitionfor Inclusive Schools and Communities Laura Stewart begins at 35:02. Excellent testimony from Jocelyn Guyer begins at 51:53, Jeffrey Ganz at 54:02, Brigid Howe at 59:10, Michael Solomon (presenting the Letter from the Coalition for Inclusive Schools and Communities, signed so far by well over 2,000 people) at 1:06:08, MCCPTA President Jennifer Martin at 1;08:21, and Jennifer Braverman at 1:10:23.

 

Materials sent to MCEA 2/4/2013

 

From: David Fishback <fishbackpflag@gmail.com>
Date: Mon, Feb 4, 2013 at 9:26 PM
Subject: Re my meeting with Chris Barclay
To: "Israel, Tom" <tisrael@mceanea.org>, "Gerson, Jon" <JGerson@mceanea.org>


Dear Tom and Jon,

I had a very productive breakfast meeting with Chris last Friday.  He told me that he plans to bring the issue up with his fellow Board members and with Josh Starr in the near future (presumably, within the next month or so). 

Attached is the material I sent him after the meeting. 

Any additional input from MCEA would be very appreciated.

Thanks,

David

---------- Forwarded message ----------
From: David Fishback <fishbackpflag@gmail.com>
Date: Fri, Feb 1, 2013 at 12:13 PM
Subject: Re our meeting yesterday on the health education curriculum
To: Christopher_Barclay@mcpsmd.org

Dear Chris, 

Thank you so much for taking the time yesterday to talk with me about the way forward regarding the needed additions to the health education curriculum with respect to sexual orientation and identity.   I continue to appreciate your wisdom and sensitivity on these issues. 

Attached, as we discussed yesterday, is a History of the MCPS Respect for Differences in Human Sexuality Curriculum: 2006 to 2012, along with three PDFs containing the background documents.  Volumes II and III are the current 8^th and 10^th Grade units, which have been in place since the summer of 2007, but have not been revisited since that time.  Volume I contains all the other background materials, including the 2007 State Board of Education and 2008 Montgomery County Circuit Court decisions that definitively established that MCPS has the right to include in its health education curriculum information from mainstream medical professionals.   

 

 The Respect for Differences in Human Sexuality curriculum recognizes the importance of providing accurate information to all students, whether gay or straight – explaining that

 

Educating all people about sexual orientation and homosexuality is likely to diminish anti-gay prejudice. Accurate information about homosexuality is especially important to young people who are first discovering and seeking to understanding their sexuality – whether homosexual, bisexual, or heterosexual.

[Vol. I at 1, Vol. III at 28]. 

 

Thus, we need to let LGBT students know that they are not ill, and to let other students know that LGBT people cannot simply decide to conform (or be “treated” to conform) to the majority sexual orientation.  These are not controversial propositions; indeed they have been stated repeatedly by every mainstream American medical and mental health professional association.  

It is good that the Department of Student Services provides to guidance counselors and school psychologists the resources necessary to respond to those most pressing concerns of many students who feel same sex attractions: 

            “Is there something wrong with me?”   

            “Is there anything I can do to change my sexual orientation?”   

When a student is in crisis, those MCPS personnel can provide help. 

But an ounce of prevention is worth a pound of cure.  While the health education curriculum contains excellent material, it does not deal with these two compelling concerns.  While health education teachers are instructed to tell students who ask about whether being gay is an illness that the American Psychiatric Association says that it is not an illness, too many students may be too shy or afraid to ask.  And, given the tightly-scripted nature of those units, health education teachers must be silent about the reparative therapy canards touted by groups like PFOX -- even in response to a question. Moreover, students who are not gay are not provided information on these two vital issues at all – since they are not likely to have any cause to raise these issues with their guidance counselors or school psychologies.  But if this information is proactively included in the health education curriculum, we are far more likely to be able to prevent anti-gay prejudice and individual crises.   

The time is long-past due to correct these omissions in the health education curriculum, as the Board’s Citizens Advisory Committee on Family Life and Human Development has urged repeatedly, joined by the MCPS medical advisors from the Maryland Chapter of the American Academy of Pediatrics and, most recently, by the Montgomery County Commission on Children and Youth.  

Based on my private conversations and public statements, I believe that every adult member of the Board of Education agrees with the substance of what has been recommended. (I have not had occasion to speak with the student member about this issue).  Dr. Starr certainly made his views known last winter.  To the extent there may have been concerns about legal impediments following the 2005 legal ambush on MCPS by PFOX and others, the 2007-08 litigation swept them away. It would be embarrassing for MCPS to continue to not to act due to fears of empty threats from groups like PFOX.  

I look forward to prompt MCPS action on this matter, which is so vitally important to the health of so many of our children.  Six years is certainly long enough to have waited for these simple steps to be taken. Thank you, again.

                                                                                                                                                      David

The Facts About the Controversy Over MCPS Opt-Out Policy

REVISED JULY 1, 2023

There has been a lot of coverage of the Montgomery County Board of Education meeting, particularly the demonstration outside but also of the Public Comments testimony regarding MCPS's opt-out policy.  See, e.g., here and here.

A few clarifications are necessary to correct some significant misconceptions in the public discourse: 

1.  MCPS never had a policy that gave parents the right to have their children opt-out of reading lessons using books that included people with LGBTQ+ identities.  Some school staff thought that because opt-outs are permitted regarding the Family Life and Human Sexuality unit of the Health Curriculum, and some types of "reasonable and feasible adjustments to the instructional programs to accommodate requests . . .  to be excused from specific discussions or activities" on religious grounds could be made, parents could receive an opt-out for these reading lessons.  Some parents understood that such an opt-out was mandated, even if MCPS determined that the requests were not “reasonable and feasible.”  This misunderstanding was quickly clarified by MCPS.  But some parents took that clarification as a change in MCPS policy, and concluded that they were being singled-out for based on their religious beliefs, even though that was not the case.          

2.  Contrary to statements from people supporting opt-outs, none of the books at issue included discussions or demonstrations of sexual conduct of any sort.  The concern that somehow the books "sexualize" children is incorrect.  As MCPS Parent Jocelyn Guyer explained yesterday, "The book Prince and Knight is no more about gay sex than Cinderella and Snow White are about heterosexual sex."

3.  MCPS is intentionally taking inclusionary steps for a whole range of people of diverse backgrounds and identities -- and that is a good thing.  No one should feel that they do not belong in our classrooms.  The books at issue do not teach students to become LGBTQ+.  Rather, like all MCPS materials focused on traditionally marginalized groups, they simply demonstrate the wide range of identities that make up our diverse community.  They do convey inclusion and kindness.  

4.   On the other hand, close examination of the Complaint filed on behalf of three parents by the Becket Religious Liberty Fund shows that the mission of the Complaint is to delegitimize LGBTQ+ people. The Becket Fund not only falsely claims that the books are part of a sexual education curriculum, but makes unfounded assertions about the validity of the concerns that have led MCPS to be inclusive of LGBTQ+ people. Specifically, Paragraphs 142-148 of the Complaint press arguments diametrically opposed to the wisdom of every mainstream American medical and mental health professional association (including the American Academy of Pediatrics and the American Medical Association) regarding sexual orientation and gender identity: Indeed, the Complaint relies, for example, on the so-called American College of Pediatricians (ACP), an ideological, not a truly medical, group. See here and here. Further, the Southern Poverty Law Center has deemed the ACP to be an ideological “hate group.”  

5.  If students could be opted out of such lessons, then there would be no rational basis for not offering opt-outs for lessons that also embrace other groups -- for example, immigrants and faith groups -- as well as for classes and concepts that aren't aligned with families' beliefs.  Consider the ramifications of allowing opt-outs any time a parent objected to their students' exposure, for example, to the teaching of evolution in biology classes.  Or the teaching the accurate history of slavery in America.  Or the contributions of recent immigrants to our country.

6.  If an opt-out were limited to lessons that were LGBTQ+ affirming, that would particularly and uniquely stigmatize LGBTQ+ families and their families -- precisely what wise MCPS policies is intended to combat.  

7.  It would be a shame if some parents left MCPS over this issue. But we cannot sacrifice the well-being of our student body as a whole by conveying a message that it is OK to marginalize some groups of people.

I suggest that people listen to the Public Comments testimony from supporters of the MCPS policy.  The entirety of the Public Comments, which were live-streamed yesterday, may be found at https://www.youtube.com/watch?v=1qor9dXgPx4 

Testimony from Co-Founder of the Coalition for Inclusive Schools and Communities Laura Stewart begins at 35:02.

MCPS Parent Jocelyn Guyer's begins at 51:53.

MCPS Parent, Graduate, and Gay Man Jeffrey Ganz's begins at 54:02.

MCPS Parent and Graduate Brigid Howe's begins at 59:10.

MCPS Graduate and Student Activist Michael Solomon's testimony presenting the Letter of Support from the Coalition for Inclusive Schools and Communities (thus far signed by more than 2,500 people) begins at 1:06:08.

MCEA President Jennifer Martin's begins at 1:08:21.

MCPS Parent Jennifer Braverman's begins at 1:10:23. 

I have joined the Coalition for Inclusive Schools and Communities.  Please consider signing on to our letter, which may be found at https://tinyurl.com/InclsvSchl.

Religious Action Center Meetings, May 9-11, 2023

Temple Emanuel of Kensington MD has a long history of involvement with the Religious Action Center of Reform Judaism, including the work of our own Judge David Davidson (of blessed memory) as Chair of the Commission on Social Action (CSA) of Reform Judaism. The CSA has been meeting virtually for more than three years. Last week, we met in person for the first time since the beginning of COVID.

Following our all-day meeting on May 10, CSA members joined with other Reform Jewish activists (including Temple Community Social Action Chair Ian DeWaal, a past CSA member) from around the country to hear from progressive leaders, and to lobby members of Congress on the importance of moving the ball forward on matters of Climate Change.

Many CSA members gathered on the evening of May 9 at the headquarters of the Religious Action Center of Reform Judaism. The Conference Room was where the Civil Rights Act of 1964 and the Voting Rights Act of 1965 were drafted by the leadership of the Civil Rights Movement.

Rabbi Jonah Pesner, Executive Director of the RAC and Senior Vice President of the Union for Reform Judaism, told me that Rev. William Barber recently commented to him that landmark legislation was actually written in Montgomery, Birmingham, and Selma, but "was transcribed" at the Conference table.

In the course of the next days, we were addressed by leaders of the 21st Century movements, including Senator Raphael Warnock. These are fraught times. But with so many committed people from so many American communities, I am optimistic for the future. And I am proud that Temple Emanuel has been, and continues to be, one of those communities.

Rabbi Pesner and me.