In a 2-1 panel decision released by the U.S. Court of Appeals for the Fourth Circuit, federal judges affirmed a lower court decision denying the request of religious parents to block the policy issued by the Montgomery County Public Schools (MCPS) board in March of 2023. Judge G. Steven Agee, a President George W. Bush appointee, wrote the majority opinion stating that parents did not present enough evidence to show that the policy violates the free exercise of their religion and their due process right to direct their children’s education.
“We take no view on whether the Parents will be able to present evidence sufficient to support any of their various theories once they have the opportunity to develop a record as to the circumstances surrounding the Board’s decision and how the challenged texts are actually being used in schools,” Agee wrote.
“At this early stage, however, given the Parents’ broad claims, the very high burden required to obtain a preliminary injunction, and the scant record before us, we are constrained to affirm the district court’s order denying a preliminary injunction.”
