Almost 20 Attorneys General Join Lawsuit Supporting MCPS’ No Opt Out Policy

Maryland Attorney General Anthony Brown helped lead a multistate friend of the court brief in support of Montgomery County Public Schools’ (MCPS) efforts to include books with LGBTQ+ characters and mandate that students not opt out of those classes.

Brown, along with Massachusetts Attorney General Andrea Joy Campbell and attorney generals from almost 20 states and Washington, D.C., filed an amicus brief in support of MCPS’ decision to incorporate LGBTQ+ books into language arts curriculum.

The BOE faces a legal challenge concerning its policy not to allow students to opt out of these classes.

The two attorneys general stressed “the importance of providing safe and inclusive school environments for all children.” They said the policy not allowing students to opt out does not raise constitutional concerns.

“Our schools play a fundamental role in shaping the minds and hearts of the next generation, and it’s our duty to ensure that every child feels safe, supported, and valued,” Brown said in a statement.

“Educational policies that promote respect for LGBTQ+ people will help build a more equitable future for all children,” he noted.

According to a news release issued by the attorneys general, MCPS administrators were motivated by a concern that LGBTQ+ people weren’t adequately represented in the elementary school language arts curriculum.

The district was sued by several parents, including Tamar Mahmoud, after learning their children couldn’t opt out of classes when these books were read. In the suit, they noted that the district had violated their right to freely exercise their religion.

The district court denied a preliminary injunction to the parents, concluding that they were unlikely to prevail on their claims. The parents then appealed to a higher court.

In their amicus brief, the attorneys wrote that “[S]tates have an interest in making schools safe, supportive, and inclusive for all
students, including LGBTQ+ youth.”

The attorneys also wrote that all students benefit from being part of a supportive and inclusive school.

The district’s policies “do not burden religious freedom or violate Maryland law,” the attorney generals wrote.

Besides Maryland and Massachusetts, the other attorneys general joining in were from California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington.

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