A federal appeals court dismissed a case Monday challenging guidelines in Montgomery County that allow schools to create plans to support transgender or gender nonconforming students without the knowledge or consent of the students’ parents.
The case was brought by three parents of students in the school district, none of whom have transgender or gender nonconforming children, according to the ruling.
Judge A. Marvin Quattlebaum, Jr., of the 4th U.S. Circuit Court of Appeals wrote in the majority opinion that opposition to the guidelines should be settled with elected representatives, not in court. “That does not mean their objections are invalid,” Quattlebaum wrote. “In fact, they may be quite persuasive.
But, by failing to show any injury to themselves, the parents’ opposition … reflects a policy disagreement. And policy disagreements should be addressed to elected policymakers at the ballot box, not to unelected judges in the courthouse.” The guidelines at the heart of the case allow school staff to create support plans for trans or gender nonconforming students that allow students to use their chosen names and pronouns, use bathrooms and locker rooms corresponding to their gender identity and play on team sports of their gender identity.