Chicago – Attorney General Kwame Raoul today, as part of a coalition of 19 attorneys general, filed an amicus brief in the United States Supreme Court to defend the discretion of public schools in Montgomery County, Maryland, to incorporate LGBTQ-inclusive books into their curricula without offering parents an option to opt out.
The brief was filed in support of the respondents in Mahmoud v. Taylor and argues that the use of curricula with LGBTQ-inclusive books without an opt-out option falls within public schools’ longstanding authority to foster safe learning environments. Although the case specifically focuses on policies of the Montgomery Country Board of Education, the Supreme Court’s decision in the case could be consequential for public schools nationwide.
“Inclusive classroom environments help all students feel valued and respected and allow everyone to thrive,” Raoul said. “I will continue to work with my fellow attorneys general to push back against coordinated efforts to attack LGBTQ+ youth and ensure all students are supported in the classroom.”
In March 2023, the Montgomery County Board of Education (Montgomery County) in Maryland adopted a K-5 language arts curriculum that included LGBTQ-inclusive books and was designed to foster respect and tolerance for LGBTQ individuals. The petitioners filed a lawsuit and motion for a preliminary injunction challenging the policy. They claimed a right to object to – and opt their children out of – exposure to these books on religious grounds. In 2024, the U.S. Court of Appeals for the 4th Circuit affirmed a lower court’s decision to deny the preliminary injunction, finding that the challenge concerned the mere exposure of petitioners’ children to LGBTQ-inclusive books through Montgomery County’s curriculum, which did not interfere with the petitioners’ rights to freely exercise their religion. The Supreme Court is slated to hear arguments on the petitioners’ challenge on April 22.
In their brief, the coalition urges the Supreme Court to reject the petitioners’ challenge because Montgomery County’s policies do not violate the Constitution. Raoul and the attorneys general argue that Montgomery County’s use of LGBTQ-inclusive books is an effort to foster a safe and inclusive environment for students and protect LGBTQ students from harm. The coalition further asserts that this effort falls well within the long-held and broad legal authority of state and local governments to shape public education and design educational environments that support the success of all students.
The coalition references research indicating that LGBTQ students experience disproportionate levels of harm from discrimination and bullying in schools. A 2022 study found that 68% of LGBTQ students reported feeling unsafe at school due to their sexual orientation or gender identity, and that nearly all of LGBTQ students reported hearing homophobic language used by peers. The brief also cites research indicating that students with access to LGBTQ-supportive school environments, including curriculum with LGBTQ-related topics, experience less discrimination, better psychological well-being, and a greater sense of belonging at school.
While the petitioners argue they should be able to opt out of the LGBTQ-inclusive curriculum because they are allowed to opt out of sex education classes, Raoul and the coalition explain that the LGBTQ-inclusive books in question are not related to sex education but are rather designed to foster greater inclusivity and safety for LGBTQ individuals. The coalition asserts that exposure to varied or potentially contrary views through LGBTQ-inclusive books does not force or compel the petitioners to abandon or act against their religious beliefs.
Joining Attorney General Raoul in filing the brief are the attorneys general of Massachusetts, Maryland, California, Connecticut, Colorado, Delaware, the District of Columbia, Hawaii, Maine, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington.
