Attorney General Kwame Raoul, alongside a coalition of 19 other attorneys general, has submitted an amicus brief to the United States Supreme Court. This brief supports Montgomery County, Maryland's decision to include LGBTQ-inclusive books in public school curricula without offering parents an opt-out option. The brief is aimed at influencing the case of Mahmoud v. Taylor, wherein the discretion of public schools to include such books is under scrutiny.
This case arises from a lawsuit filed by petitioners in response to a decision made by the Montgomery County Board of Education. In March 2023, they adopted a language arts curriculum for grades K-5 that integrated LGBTQ-inclusive books to promote respect and tolerance within the school environment. The petitioners have requested a preliminary injunction based on religious grounds, seeking the ability to opt their children out of this exposure. However, the U.S. Court of Appeals for the 4th Circuit had already affirmed the lower court's decision to deny this injunction in 2024. The Supreme Court is scheduled to hear the petitioners' challenge on April 22.
Raoul and the coalition argue that the inclusion of these books is crucial for creating a supportive and safe educational environment. He stated, "Inclusive classroom environments help all students feel valued and respected and allow everyone to thrive." The attorneys general maintain that such policies are within the legal authority of educational bodies to shape learning environments conducive to the success of all students.
The brief presented to the Supreme Court includes research that highlights the discrimination and bullying LGBTQ students face. A 2022 study cited in the brief stated that 68% of LGBTQ students felt unsafe at school due to their sexual orientation or gender identity, with almost all reporting exposure to homophobic language. Schools that offer supportive environments, including curricula with LGBTQ-related topics, reportedly help reduce discrimination and improve the overall well-being and sense of belonging of these students.
In the brief, Raoul and colleagues refute the comparison between the opt-out options for sex education and the LGBTQ-inclusive books by stating that the latter does not pertain to sex education but rather to inclusivity and safety. The coalition also argues that mere exposure to diverse viewpoints does not force petitioners to compromise their religious beliefs.
Attorney General Raoul is joined by attorneys general from 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 in this legal effort. They collectively urge the Supreme Court to uphold Montgomery County's policies as constitutional.