Attorney General Keith Ellison has allied with a group of 19 attorneys general in advocating for the inclusion of LGBTQ-inclusive books in public school curricula without offering an opt-out choice to parents. The amicus brief was filed to support the respondents in the case Mahmoud, et al. v. Taylor, et al., which is pending before the Supreme Court of the United States. The brief argues in favor of public schools' rights to promote safe and inclusive learning environments without infringing on religious freedoms.
"This initiative aims to help people live with dignity and respect," Ellison stated. "A curriculum that promotes tolerance does not hinder religious practices but instead fosters a supportive environment for LGBTQ students who often face bullying."
The Montgomery County Board of Education in Maryland adopted a curriculum in March 2023 that includes LGBTQ-inclusive books to foster respect and tolerance. This has led to a legal challenge by petitioners claiming a violation of their First Amendment rights and requesting the ability to opt out of this curriculum on religious grounds. The U.S. Court of Appeals for the Fourth Circuit upheld a previous court decision denying the petitioners' motion for a preliminary injunction, stating that exposure to LGBTQ-inclusive content does not infringe on religious freedoms.
The coalition supporting the contested curriculum argues that the inclusion of LGBTQ-related educational materials falls within the school authorities' role of creating supportive educational environments. Research cited by the coalition highlights the positive impact of LGBTQ-supportive environments on students' wellbeing and their sense of belonging.
While petitioners equate the inclusion of LGBTQ-related materials with sex education, the coalition distinguishes the two, explaining that these books are intended to promote safety and understanding. The Fourth Circuit determined the only constitutional issue is whether exposure to these books violates the parents' rights, finding it does not.
Among those joining Ellison in this legal effort are Massachusetts Attorney General Andrea Joy Campbell, Maryland Attorney General Anthony Brown, and the attorneys general of several other states including California, Connecticut, and New York.
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