Attorney General Clark and a coalition of 19 attorneys general have filed an amicus brief with the Supreme Court of the United States. The brief supports public schools in Montgomery County, Maryland, allowing them to include LGBTQ-inclusive books in their curricula without offering parents an opt-out option. This legal action is part of the case Mahmoud, et al. v. Taylor, et al.
The case revolves around the discretion of public schools to use such books as part of the educational curriculum. The attorneys argue that these practices are within schools' rights to create safe learning environments and do not infringe on religious freedoms. The case is under review by the Supreme Court, following an earlier resolution by the U.S. Court of Appeals for the Fourth Circuit.
In March 2023, Montgomery County's Board of Education implemented a curriculum for grades K-5 inclusive of LGBTQ-related content aimed at fostering tolerance. However, petitioners challenged this policy, claiming it infringed on their First Amendment rights by not offering an opt-out for those with religious objections.
The coalition, in their brief, suggests that the curriculum helps protect LGBTQ students and supports legal authority held by state and local governments to develop educational programs. They cite research indicating high levels of discrimination and bullying faced by LGBTQ students, alongside studies showing that more inclusive school environments contribute to students' well-being.
A key argument made by the petitioners is the demand to opt-out, akin to what is permitted for sex-education classes. However, the coalition emphasizes that LGBTQ-inclusive materials serve a broader educational purpose focused on inclusivity, not sex education.
The Fourth Circuit has previously determined that exposure to LGBTQ-inclusive books does not equate to forcing anyone to act against their beliefs, aligning with existing Supreme Court precedents.
The Supreme Court is scheduled to hear arguments on April 22 regarding the challenge posed by the petitioners.