Attorney General Anthony G. Brown has spearheaded a group of 19 attorneys general in submitting an amicus brief to the U.S. Supreme Court, defending the authority of public schools in Montgomery County, Maryland, to include LGBTQ-inclusive books in their curriculum without offering an opt-out option. This case, Mahmoud, et al. v. Taylor, et al., could have implications for public schools across the nation.
The brief supports the respondents in the Supreme Court case, arguing that the inclusion of LGBTQ-inclusive books in the curriculum falls within the schools’ rights to create safe and inclusive learning environments. This move does not infringe upon the rights to free religious exercise, as claimed by the opposing petitioners.
In March 2023, the Montgomery County Board of Education introduced a mandatory K-5 language arts curriculum that incorporated LGBTQ-inclusive books, aimed at fostering respect and tolerance. This decision led to a legal challenge by a group of parents, claiming the lack of an opt-out option violated their First Amendment rights. However, the Fourth Circuit upheld a lower court’s decision, denying the preliminary injunction, and now the case is set to be heard by the Supreme Court on April 22, 2024.
Research highlighted by the coalition shows that LGBTQ students face significant discrimination and bullying, which these inclusive educational materials aim to combat. The coalition argues that these policies are in line with state laws intended to combat discrimination and promote inclusivity.
While the petitioners seek an opt-out similar to that for sex-education classes, the coalition maintains that the LGBTQ-related content is designed to promote understanding and respect, not to provide sex education.
The case’s outcome could reinforce or reshape the boundaries of educational content and religious freedom in U.S. schools. Attorney General Brown is joined in the brief by Massachusetts Attorney General Andrea Joy Campbell and the attorneys general from seventeen other states.
