Mary Catherine Martin says Thomas More Society attorneys sent a demand letter to the Kirkwood School District last month shortly after it forced middle school students to celebrate "LGBTQ+ History Month" without providing parents an opt-out for their children.
"North Kirkwood Middle School has violated many Kirkwood parents' First Amendment rights as recently clarified by the U.S. Supreme Court's decision in Mahmoud v. Taylor," the letter points out.
During the school-wide "October 23rd, 2025 News" announcement video, student narrators read from a district-provided script that described the rainbow flag as a symbol of love and acceptance, praised the "Progress Pride Flag," promoted the transgender community, and encouraged support for same-sex relationships, including images of pride demonstrators and protest signs.
"Even without an opt-out in place, Kirkwood School District – or any school district proposing to put this kind of material in their curriculum – has an obligation to provide notice and an opportunity for parents to opt out," Martin explains.
This particular district has a history of LGBTQ+ issues and has been involved in several controversies concerning transgender educators and LGBTQ+ content.
Three openly transgender educators claim they were discriminated against and forced out of their positions within the district in recent years. But citing the National Sex Education Standards and Missouri's sex education laws, Kirkwood has stated it considers discussions of gender identity to be part of sex education.
It has also updated its health curriculum to include "gender expression and identity" starting in seventh grade. The district reportedly maintains a policy prohibiting discrimination based on sexual orientation and gender identity, and it has designated staff to handle related inquiries.
The news video incident occurred against a backdrop of proposed state legislation requiring schools to notify parents if a student is considering or undergoing a "gender transition."
Martin says if the Kirkwood School District fails to correct this situation, then it faces significant legal and financial consequences like the lawsuit recently filed against Lexington Public Schools on behalf of a Christian father whose kindergarten-age child was exposed to LGBTQ-themed storybooks.
"There're plenty of people with standing to file that lawsuit," she asserts. "Thomas Moore Society has made clear that on behalf of a group of concerned parents, we intend to take action if they do not rectify this violation."
Martin's firm has provided a model policy that, if adopted, would bring the district into compliance with the law and prevent the lawsuit.
