Massachusetts Attorney General Andrea Joy Campbell, alongside a group of 19 attorneys general, submitted an amicus brief to the Supreme Court of the United States today. The brief defends the rights of public schools in Montgomery County, Maryland, to include LGBTQ-inclusive books in their curricula without providing an opt-out option for parents. This filing supports the respondents in Mahmoud, et al. v. Taylor, et al., arguing that such curricula decisions fall within the authority of public schools to create safe learning environments and do not infringe on the exercise of religious beliefs.
The policy under scrutiny was implemented by the Montgomery County Board of Education, introducing a mandatory language arts curriculum containing LGBTQ-inclusive books for elementary students. The challenge against this policy, based on the First Amendment rights concerning religious beliefs, was denied a preliminary injunction by the U.S. Court of Appeals for the Fourth Circuit in 2024, stating that mere exposure to such content did not violate free exercise rights.
Attorney General Campbell highlighted the educational role in fostering diversity, stating, "I am proud to stand in defense of inclusive books, which teach our students to respect one another, regardless of, and without interfering with, their respective personal beliefs."
The coalition argues that the inclusion of LGBTQ content helps create inclusive environments and protects students from harm, referencing studies illustrating the discrimination LGBTQ students often face. Furthermore, it emphasizes that such exposure is not akin to sex-education, hence an opt-out option is unnecessary.
The coalition maintains that the Supreme Court should dismiss the petitioners' claims, as the exposure to these materials does not pressure individuals to compromise their religious beliefs. The hearing is set for April 22.
Joining Attorney General Campbell in the initiative is Maryland's Attorney General Anthony Brown, along with attorneys general from various states including California, Illinois, and New York.