FreeState Justice Supports Federal Appeals Court Upholding Montgomery County Policy Protecting Transgender Students
FreeState Justice commends last week’s ruling by the U.S. Court of Appeals for the Fourth Circuit affirming that Montgomery County Public Schools (MCPS) may require staff to respect transgender students’ pronouns and protect student privacy. The decision upholds long-standing principles that schools have both the authority and the responsibility to provide safe, inclusive learning environments for all students, including transgender and nonbinary youth.
In a 2–1 decision issued on January 28th, the Fourth Circuit upheld a lower court’s denial of a request by a substitute teacher seeking an exemption from MCPS guidelines that require staff to use students’ affirmed names and pronouns and prohibit disclosure of a student’s transgender status without consent. The court found that the district’s policy applies equally to all educators and is not motivated by religious hostility or discrimination.
“This ruling affirms what LGBTQ+ students and their families have always known: respect is not optional, and student safety must come first,” said Phillip Westry, Executive Director at FreeState Justice. “Transgender students deserve to be recognized for who they are at school—without fear that their identity will be questioned, disclosed, or debated.”
The court’s decision means the plaintiff will not be permitted to teach in MCPS schools without complying with district policy. This case marks the second time in recent years that the Fourth Circuit has addressed MCPS policies impacting LGBTQ+ students. While the Supreme Court reversed a separate 2024 decision involving parental opt-outs from LGBTQ+-inclusive classroom materials, last week’s ruling makes clear that schools may continue to require staff to respect transgender students’ identities and safeguard their privacy.
FreeState Justice remains committed to advocating for policies that protect the dignity, safety, and rights of LGBTQ+ Marylanders—especially young people—so they can live and learn free from discrimination.










