PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-2034

JOHN AND JANE PARENTS 1; JOHN PARENT 2,

Plaintiffs - Appellants,

v.

MONTGOMERY COUNTY BOARD OF EDUCATION; SHEBRA L. EVANS, individually and in their official capacity as Member of the Montgomery County Board of Education; BRENDA WOLFF, individually and in their official capacity as Member of the Montgomery County Board of Education; JUDITH DOCCA, individually and in their official capacity as Member of the Montgomery County Board of Education; KARLA SILVESTRE, individually and in their official capacity as Member of the Montgomery County Board of Education; REBECCA SMONDROWSKI, individually and in their official capacity as Member of the Montgomery County Board of Education; LYNNE HARRIS, DR. SCOTT JOFTUS AND DR. MONIFA B. MCKNIGHT,

Defendants - Appellees.

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PACIFIC JUSTICE INSTITUTE; DR. ERICA E. ANDERSON; JEWISH COALITION FOR RELIGIOUS LIBERTY; COALITION FOR JEWISH VALUES; AMERICAN HINDU COALITION; ISLAM AND RELIGIOUS FREEDOM ACTION TEAM; ALLIANCE DEFENDING FREEDOM,

Amici Supporting Appellant.

AMERICAN CIVIL LIBERTIES UNION; PFLAG; PFLAG REGIONAL CHAPTERS; CHASE BREXTON HEALTH CARE; FCPS PRIDE; FREESTATE JUSTICE; HUMAN RIGHTS CAMPAIGN; THE TREVOR PROJECT; TIME OUT YOUTH CENTER; WHITEMAN-WALKER HEALTH; WHITMAN WALKER INSTITUTE; PROFESSORS OF PSYCHOLOGY & HUMAN DEVELOPMENT; MASSACHUSETTS; CALIFORNIA; COLORADO; USCA4 Appeal: 22-2034 Doc: 68 Filed: 08/14/2023 Pg: 2 of 45

CONNECTICUT; DISTRICT OF COLUMBIA; HAWAII; ILLINOIS; MARYLAND; MINNESOTA; NEW JERSEY; NEW YORK; OREGON; RHODE ISLAND; VERMONT; WASHINGTON,

Amici Supporting Appellee.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Paul W. Grimm, Senior District Judge. (8:20-cv-03552-PWG)

Argued: March 9, 2023 Decided: August 14, 2023

Before NIEMEYER, QUATTLEBAUM, and RUSHING, Circuit Judges.

Vacated and remanded by published opinion. Judge Quattlebaum wrote the majority opinion, in which Judge Rushing joined. Judge Niemeyer wrote a dissenting opinion.

ARGUED: Frederick W. Claybrook, Jr., CLAYBROOK LLC, Washington, D.C., for Appellants. Alan E. Schoenfeld, WILMERHALE LLP, New York, New York, for Appellees. ON BRIEF: Steven W. Fitschen, NATIONAL LEGAL FOUNDATION, Chesapeake, Virginia, for Appellants. Bruce M. Berman, Washington, D.C., Simon B. Kress, Boston, Massachusetts, Thomas K. Bredar, WILMER CUTLER PICKERING HALE AND DORR LLP, New York, New York, for Appellees. Kevin T. Snider, PACIFIC JUSTICE INSTITUTE, Sacramento, California; Sorin A. Leahu, PACIFIC JUSTICE INSTITUTE – IL, Park Ridge, Illinois, for Amicus Pacific Justice Institute. Luke N. Berg, WISCONSIN INSTITUTE FOR LAW & LIBERTY, Milwaukee, Wisconsin, for Amicus Dr. Erica E. Anderson, PhD. Sue Ghosh Stricklett, AMERICAN HINDU COALITION, Sterling, Virginia, for Amicus American Hindu Coalition. Jeffrey C. Mateer, Keisha T. Russell, Plano, Texas, Kayla A. Toney, FIRST LIBERTY INSTITUTE, Washington, D.C., for Amici Jewish Coalition for Religious Liberty, Coalition for Jewish Values, American Hindu Coalition, and Islam and Religious Freedom Action Team. Katherine L. Anderson, Scottsdale, Arizona, Christopher P. Schandevel,