Parents will not be able to immediately opt children out of required classes with LGBTQ+ inclusive course material at Montgomery County Public Schools (MCPS), a federal judge ruled Thursday.

The decision follows months of protests by parents, who argued that the school district’s policies violate their religious freedoms under the First Amendment, their “substantive due process rights” under the Fourteenth Amendment (to direct the upbringing and education of their children), and Maryland law.

While a setback for parents and advocates, the judge’s ruling this week is not a final resolution of the lawsuit that three families filed in May against school board members and MCPS Superintendent Dr. Monifa McKnight. But parents were hoping that the judge, Deborah Boardman, would approve a preliminary injunction that would allow them to opt children out of the classes as soon as the school year begins Aug. 28.

Earlier this month, Boardman heard arguments on both sides for more than three hours at a packed hearing in Greenbelt. She concluded that the plaintiffs have not met the requirements for the injunction.

“Because a constitutional violation is not likely or imminent, it follows that the plaintiffs are not likely to suffer imminent irreparable harm, and the balance of the equities and the public interest favor denying an injunction to avoid undermining the School Board’s legitimate interests in the no-opt-out policy,” Boardman wrote.

MCPS has been taking measures in recent years to be more inclusive of LGBTQ+ students, adding new books to the supplemental curriculum for pre-K through fifth grade that included LGBTQ+ people. MCPS later issued guidelines clarifying that parents and students could not choose to opt out of LGBTQ+ inclusive instructional materials, and that teachers would not give parents prior notice when students were assigned inclusive readings. The announcement prompted backlash from parents.

The protests have been unique in that they have been led primarily by Muslim and Ethiopian Orthodox families in a heavily blue jurisdiction – a departure from similar protests across the country led by conservative Christians. While far-right groups like Moms for Liberty (a designated hate group) have clamored in support for the movement, protesters in Montgomery County have kept them at bay. They’ve also denied that they are part of an anti-LGBTQ+ movement.

In response to Boardman’s ruling, plaintiffs filed an appeal Friday to the U.S. Court of Appeals for the Fourth Circuit. William Haun, senior counsel for the Becket Fund for Religious Liberty and an attorney for the plaintiffs, told DCist/WAMU that they are “moving quickly” as the school year approaches so that parents can immediately opt out and get advance notice when LGBTQ-themed materials are taught.

“The ruling severely undercuts the right of parents to direct their children’s religious upbringing,” Haun said.

MCPS responded to the ruling saying it “remained committed to cultivating an inclusive and welcoming learning environment.”

“We also will continue to adhere to our responsibility to include instructional materials that reflect the diversity of the local and global community by exploring the aspirations, issues, and achievements of women and men, people with disabilities, people from diverse racial, ethnic, religious and cultural backgrounds, as well as those of diverse gender identity, gender expression, and sexual orientation,” MCPS wrote.

This post has been updated with the plaintiffs’ response to Thursday’s ruling and a statement from Montgomery County Public Schools.