The Surrey School Board is back in court fighting to keep three books out of the classroom. The books portray same-sex couples. The board had originally decided the books were inappropriate as a teaching tools.

But then a B.C. Supreme Court Judge ruled that ban was a violation of equality rights and freedom of expression. So now the school board is appealing that decision.

Mary Polak is vice chair of the board. "We're arguing that the board was right and justified in not approving these three books for use in classrooms in kindergarten and Grade 1. This is an issue of age appropriateness," she says.

Polak says the judge didn't take into account the Canadian Charter of Rights that protects Christian parents' rights.

But some teachers say the ban has more to do with homophobia than teaching standards. The B.C. Teachers Federation supports the students, parents, authors and teachers fighting for the right to use the books as instructional tools.