Sex-ed opponents turn to lawmakers

Critics will not file an appeal to halt the curriculum, ending a years-long legal battle against the school system

In January, county Circuit Court Judge William J. Rowan III decided the lessons are legal. Citizens for a Responsible Curriculum, Parents and Friends of Ex-Gays and Gays, and Family Leader Network have argued that it is illegal to teach students that homosexuality is innate. And even after the school system overhauled the curriculum, the groups say the lesson plans still teach alternative forms of sex to students.

Previously, State Superintendent Nancy S. Grasmick and the state school board upheld the county school board’s decision to move forward with the sex-education curriculum. The county board approved the curriculum in June with a response teachers can use when a student asks if homosexuality is an illness.

On Monday, Michelle Turner, a CRC spokeswoman, said the three groups never received a clear definition of ‘‘erotic technique” from the state school board and want state lawmakers to set a universal definition of the term.

‘‘Right now, we are just looking for a definition that could be used statewide,” she said. ‘‘We are seeking somebody at the state level to require a definition, so if that means the state legislators make a definition, then so be it.”

As for homosexuality being innate, the school system has not shown any ‘‘scientific proof” of that finding, so the groups are looking at different ways to pass the information along to students, she said.

Turner declined to say which lawmakers the groups have contacted, or how they would get their information to students. Other group members did not return repeated requests for comment.

‘‘We are exploring avenues now to get that information out, specifically to the students,” she said. ‘‘We’re not exposing our hand just yet. We need to fine-tune a couple of things before we put our message out there.”

Turner did not rule out future litigation against the school system to stop the lessons. ‘‘I’m not going to say there are no more legal options,” she said. ‘‘Right now, we’re looking for a more direct route, and one that is more timely. At this time, we don’t think it’s possible to get a fair ruling.”

In 2004, the school board approved and piloted a video on condom use. CRC and PFOX filed a lawsuit in U.S. District Court in Greenbelt to stop a discussion of homosexuality that was to be piloted in spring 2005.

The discussions never took place after the federal judge placed a restraining order on the lesson, citing a teachers guide that he said unfairly singled out a religious denomination for its view on homosexuality.

As part of a settlement with the opponents, the board agreed to scrap the curriculum and restarted the process of revising the lessons. The opponents were given seats on a reconstituted advisory panel.

‘‘It sounds like they’re desperate,” said James Kennedy, a panel member and president of TeachtheFacts.org, a parents group formed to support the county’s sex-education curriculum. ‘‘They’re out of steam now. They’ve lost all their appeals. They’ve lost everything.”

Turner disagreed. ‘‘We’re not throwing in the towel,” she said. ‘‘We still have plenty of support. We still have plenty of people who want to see this curriculum fixed.”

The school system is ready to move past the litigation, said Brian K. Edwards, Superintendent Jerry D. Weast’s chief of staff.

‘‘This is good news for our community. Now, we can focus on our primary mission — educating children — and leave the courtroom behind,” he said of the groups’ decision not to file an appeal. ‘‘It has been a long, expensive journey, but in the end, the courts upheld the rule of law and rejected the notion that a small group of opponents can decide what will or will not be taught in our classrooms.”

This week, school board member Patricia B. O’Neill (Dist. 3) of Bethesda said it may be difficult for the groups to find a Montgomery lawmaker willing to take their side. She has spoken with several lawmakers who were on board with the lesson plans, O’Neill said.

‘‘I believe we are right,” she said. ‘‘I can’t imagine that they would find a Montgomery County sponsor.”

Del. Donald H. Dwyer Jr. said Wednesday that he ‘‘certainly would consider” helping the groups’ fight against the curriculum. But instead of the religious groups asking the state school board for a definition of ‘‘erotic technique,” it would be more worthwhile for a legislator to do so, he said.

‘‘I have a problem with the sex-ed curriculum, as do many parents in Montgomery County,” said Dwyer (R-Dist. 31) of Glen Burnie. ‘‘Somebody from Montgomery County ought to be fighting their cause.”

Students may opt in to take the lessons; those who don’t opt in take alternative classes. Ninety-five percent of eighth-graders participated in the lessons last October, and 97 percent of 10th-graders participated in the lessons last month, according to school system data.