On Tuesday, the U.S. Supreme Court began hearing a case against Montgomery County Public Schools (MCPS), with parents arguing that the use of LGBTQ-inclusive books without an opt-out option violates their First Amendment right to free religious exercise.
According to a report by the AP, the Supreme Court’s conservative majority signaled support for the religious rights of parents and appeared likely to rule that MCPS cannot require children to participate in lessons featuring these books if parents object on religious grounds. A decision is expected by early summer.
On April 9, Maryland Attorney General Anthony G. Brown led a coalition of 19 attorneys general in filing a Supreme Court brief supporting MCPS’s use of LGBTQ-inclusive books without an opt-out option. The coalition argued that the policy does not violate religious freedom and falls within the authority of public education.
According to the Maryland Attorney General’s Office, in March 2023, the Montgomery County Board of Education adopted a mandatory K–5 language arts curriculum that included LGBTQ-inclusive books designed to foster respect and tolerance for LGBTQ people. A group of parents, the petitioners in the case, filed a lawsuit challenging the policy, arguing that the lack of an opt-out option violated their First Amendment right to free religious exercise.
In 2024, the U.S. Court of Appeals for the Fourth Circuit upheld a lower court’s decision denying the preliminary injunction, stating that the challenge concerned the mere exposure of children to LGBTQ-inclusive books and did not infringe upon the petitioners’ free exercise rights. The Supreme Court is set to hear arguments on the petitioners’ challenge on April 22.
The coalition argues that Montgomery County’s use of LGBTQ-inclusive books is aimed at fostering a safe, inclusive environment for students and protecting LGBTQ students from harm. They assert that this effort is within the legal authority of state and local governments to shape public education and create environments that support the success of all students.
The coalition highlights research showing that LGBTQ students face disproportionate levels of discrimination and bullying in schools. A 2022 study found that 68% of LGBTQ students reported feeling unsafe at school due to their sexual orientation or gender identity, with nearly all LGBTQ students hearing homophobic language from peers.
Additionally, the coalition references research indicating that students in LGBTQ-supportive school environments, including curricula featuring LGBTQ-related topics, experience less discrimination, better psychological wellbeing, and a greater sense of belonging at school. Therefore, Montgomery County’s policies are aligned with state laws aimed at addressing discrimination and bullying, and promoting inclusive learning environments for all students.
While the petitioners argue that they should be allowed to opt out of the LGBTQ-inclusive curriculum, similar to the opt-out option for sex-education classes, the coalition maintains that these books are not part of sex education. Instead, they are intended to foster respect and tolerance for LGBTQ individuals, and by not allowing an opt-out option, Montgomery County affirms its commitment to inclusivity and teaching students to treat LGBTQ people with dignity and respect.