A coalition of 19 attorneys general has submitted a 31-page amicus brief to the US Supreme Court, supporting a Maryland county’s policy of incorporating LGBTQ-inclusive books into school curriculums without providing an opt-out option for parents. The Montgomery County Board of Education, in March 2023, implemented this policy, which has drawn legal challenges from parents citing it infringes upon their religious freedoms as protected by the Free Exercise Clause of the First Amendment.
The attorneys general argue that the curriculum is within the school district’s authority to promote a safe and inclusive learning environment and does not violate constitutional rights. They urge the Supreme Court to uphold the Fourth Circuit Court of Appeals’ previous decision, which denied a preliminary injunction sought by the petitioners, arguing that exposure to LGBTQ-inclusive materials does not amount to a violation of religious rights.
Massachusetts Attorney General Andrea Joy Campbell, who co-led the initiative, emphasized the role of education in preparing children for diverse societies, arguing that local districts are justified in using such materials to foster inclusivity. As stated, “Preparing our children to engage with and thrive in a diverse society is a central premise of education.”
The case, filed by petitioners Tamer Mahmoud and Enas Barakat, along with other concerned parents, was previously agreed to be heard by the US Supreme Court in January. The parents claim that requiring students to engage with these books infringes on their religious beliefs. The amicus brief is backed by attorneys general from states including California, New York, and Washington, amongst others.
Oral arguments are scheduled for April 22, as the legal community keenly observes the Supreme Court’s deliberation on this contentious intersection of education policy, religious freedom, and LGBTQ rights.