Plans to teach controversial sex education courses to eighth- and 10th-graders this fall should be allowed to continue despite an attempt by conservative groups to block the lessons, according to Circuit Court documents filed this week by Montgomery County Public Schools.

The motion, filed Monday, is the latest salvo in a continuing battle between the Board of Education and Citizens for a Responsible Curriculum, Parents and Friends of Ex-Gays and Gays and the Family Leader Network. The groups contend that the lessons promote religious intolerance because of how they teach about homosexuality.

The county’s latest response turns on a technicality. It argues that a request made earlier this month by the groups seeking to block the new lessons from starting is “fundamentally flawed” because the groups had asked the court to stay the former curriculum.

“Our argument makes it pretty plain and pretty clear that we believe the opponents have no basis to win a stay in this case,” schools spokesman Brian Edwards. “We don't believe that there are merits in their arguments.”

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A hearing date has not been set, Edwards said Tuesday.

The revamped curriculum is now “status quo,” according to court documents. The county Board of Education approved the curriculum after field testing in several schools this spring. The state board upheld the county’s decision in August. The groups are now appealing that ruling and say the block is necessary because a hearing on the appeal is not planned until January.

CRC lawyer John Garza told The Examiner on Tuesday that he had not yet read the county's motion.

cmabeus@dcexaminer.com