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Lower federal courts have that request. A divided 4th US Circuit Court of Appeals panel ruled that denying opt-outs does not require the students to “change their religious beliefs or conduct,” and therefore did not infringe on the parents’ religious freedom. The appeals court said that because the case was in an early stage, it didn’t yet know enough about how the books are being used to block the policy’s implementation.

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But the policy drew pushback from several people, including some teachers and principals concerned about whether the material was appropriate for elementary school students, according to court records.

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“New government-imposed orthodoxy about what children are ‘supposed’ to think about gender and sexuality is not a constitutional basis to sideline a child’s own parents,” the parents said in their appeal.

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