Attorney General Andrea Joy Campbell and Maryland Attorney General Anthony G. Brown are co-leading a multi-state coalition of 19 attorneys general in supporting a Maryland local board of education’s efforts to create a safe and supportive environment for LGTBQ+ children and all students.
The Montgomery County Board of Education (MCBE) is facing a challenge to its policy that incorporates LGBTQ+-inclusive books into its language arts curriculum without allowing parents to opt out. In the friend-of-the-court brief, filed [Oct. 31] in the U.S. Court of Appeals for the Fourth Circuit, the attorneys general reiterate the importance of providing safe and inclusive school environments for all children and explain that policies such as MCBE’s do not raise constitutional concerns.
“Every student deserves to learn and grow in a safe, inclusive and supportive environment,” said AG Campbell. “My office is proud to join Maryland in advocating for LGBTQ+ youth in their state, and across the country.”
In the current case, out of a concern that LGBTQ+ people were not adequately represented in the books children encounter in school, MCBE has chosen to incorporate a variety of LGBTQ+-inclusive books into its elementary school language arts curriculum. MCBE does not permit students to opt out of classes where these books are read. A group of parents sued MCBE, arguing that, in declining to allow opt-outs, MCBE had violated their right to the free exercise of their religion. The district court denied a preliminary injunction to the plaintiffs, concluding that they were unlikely to prevail on their claims, and the plaintiffs appealed to the Fourth Circuit.
The amicus brief, filed in support of MCBE, argues that:
- All students benefit from supportive and inclusive schools;
- LGBTQ+ youth face unique struggles that are addressed through a supportive and inclusive school environment, including curricula that incorporate LGBTQ-inclusive books;
- MCBE’s use of the books it has chosen fosters tolerance and prepares children for a diverse world; and MCBE’s efforts do not burden religious freedom or violate Maryland law.
The amicus brief was joined by the Attorneys General of California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Pennsylvania, Vermont, and Washington.
— from a press release from the office of the Attorney General of Massachusetts
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