Courtney Mabeus, The Examiner
2008-01-17 08:00:00.0
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WASHINGTON -

Conservative groups opposed to revamped sexual education courses for Montgomery County Public Schools eighth- and 10th-graders asked a judge Wednesday to overturn a state Board of Education ruling that allows schools to teach students that homosexuality is a biological trait.

Brandon Bolling, a lawyer for the Thomas More Law Center who presented arguments for the Citizens for Responsible Curriculum and other groups Wednesday, asked Montgomery Circuit Judge William Rowan to either declare the curriculum illegal or send it back to the state board for another review. The state board upheld the curriculum last summer after the group’s objection to pilot courses that were taught in some schools last spring.

“The Maryland law says you have to teach something that is factually accurate,” Bolling said. “They are not doing that, therefore it is illegal.”

Bolling also took issue with a video showed to students that depicts proper use of a condom. He said showing the video, which mentions alternative forms of intercourse, violates state law because of the references to “erotic techniques.”

Judith Bresler, a lawyer for the county’s public schools, argued that the groups were attempting to use the courts to “edit word by word” the lessons. She said the school system teaches that homosexuality is a mixture of factors, including biology and environment.

“There is no obligation to rewrite the curriculum to meet their objections,” Bresler said.

Wednesday’s hearing made no mention of the groups’ earlier complaints that the curriculum is unconstitutional because it could lead to discrimination against students whose religious beliefs teach that homosexuality is a sin.

The schools require parents to “opt-in” to the controversial sexual education sessions, which are taught during health classes, before their children can participate. Bresler also said that students are presented an alternative curriculum.

Bolling countered that the alternative courses may be taught by non-certified teachers and are therefore not equal.

Brian Edwards, a spokesman for Superintendent Jerry D. Weast, said 97 percent of 10th-graders and 95 percent of middle schoolers had opted in for the courses this year.

cmabeus@dcexaminer.com