Montgomery County can continue to teach middle and high schoolers the sex education curriculum it approved last summer, a state court judge ruled Thursday, dismissing a legal challenge by religious conservatives.
Circuit Court Judge William Rowan III affirmed a 2007 decision by the Maryland State Board of Education, which determined that it had no right to "second-guess the appropriateness" of the lessons adopted by the state's largest school system.
The curriculum places the county at the forefront of a trend toward more candor in discussing homosexuality in US schools. Opposition groups have been fighting the lessons since they were first proposed six years ago, arguing they present a wholly affirming view of homosexuality that goes against the religious rights of parents who believe it is a sin.
Last month, lawyers for the opposition said teaching that homosexuality is innate is in violation of a state law that requires school curricula to be factual. And they challenged a reference to anal intercourse, which they said violated a prohibition against teaching "erotic techniques" in the classroom.
The school system argued that the opposition groups were trying to edit the curriculum word by word and usurp the local board's authority.
In a 10-page opinion, Rowan agreed with the county. He stressed the role of "contemporary community standards" in shaping decisions about what is appropriate. The school board's use of "innate" was defensible, since its context is part of a broader discussion of factors that determine sexual orientation, he said.
"We hope that we can put this litigation behind us now once and for all and move forward with our primary mission: educating our children," said Superintendent Jerry D. Weast. A spokesperson for opponents said they are considering whether to appeal further.
02/02/08
MARYLAND: New Sex Education Lessons Can Stay in Schools
Source: Washington Post:: Daniel de Vise; Courtesy of the CDC National Center for HIV, STD, and TB Prevention