The U.S. Supreme Court today ruled that not allowing parents to opt their children out of reading storybooks that are part of an LGBTQ+ inclusive literacy curriculum in the Montgomery County Public School system burdened their religious freedom. In Mahmoud v. Taylor, the Court found that not notifying and allowing parents to opt their children out of this curriculum could not be justified, even by the school’s clear interest in protecting LGBTQ+ students from stigma and isolation.
Lambda Legal authored a friend-of-the-court brief, joined by The Leadership Conference on Civil and Human Rights, PFLAG National, and the National Women’s Law Center (NWLC), in support of the school district, underscoring that inclusive curricula are essential to creating school environments where all students can learn and thrive.
“This decision is yet another step toward allowing those with religious objections to opt out of recognizing LGBTQ+ people and families as equal participants in our shared community,” said Karen Loewy, Senior Counsel and Director of Constitutional Law Practice, Lambda Legal. “To be clear, the decision centers on the lack of opt-outs rather than the existence of the curriculum itself. School districts should not be deterred from adopting inclusive curricula like Montgomery County schools’, which create safe and affirming learning environments and prepare kids to navigate our diverse society. This is particularly important for LGBTQ+ youth and kids of LGBTQ+ parents who face disproportionate discrimination and harassment. While parents with religious objections may be able to remove their children from classroom use of these storybooks, they do not get to demand that schools stop these important efforts to reflect our entire society.”
“Today’s decision by the U.S. Supreme Court is a heartbreaking one for LGBTQ+ students, families and employees of Montgomery County Public Schools. However, this ruling does not erase what PFLAG parents, students and educators have long known, and a vast body of research supports: All students benefit from a school climate that promotes inclusion, acceptance, and respect,” said Brian K. Bond (he/him/his), CEO of PFLAG National. “Learning about different people, histories and experiences in school benefits students. It strengthens empathy and a sense of belonging, increases test scores and graduation rates, and betters mental and physical health, brain development and connections to school and community. The LGBTQ+ people, parents, families and allies of PFLAG will continue to make schools and curricula inclusive, accessible and welcoming because every student deserves the freedom to learn and to thrive.”
“All students deserve to feel safe and welcome in their classrooms. Educators should prepare them for the world we live in and promote curiosity, acceptance, and respect for all people. Yet today’s decision by six justices encourages open discrimination towards LGBTQ+ children and families and favors ignorance and censorship over inclusion,” said Liz King, senior program director for education equity at The Leadership Conference on Civil and Human Rights. “While today’s decision was about LGBTQ+ people, we know that for too long women, people with disabilities, religious minorities, and people who are Black, Latino, Asian American, and Native American have been excluded from the curriculum. If even one child is told they don’t belong in the classroom, that makes every student less safe. For the sake of our inclusive and diverse democracy, we must all work together to ensure that all children are seen, heard, respected, and valued in the classroom.”
Mahmoud v. Taylor, was a challenge to Montgomery County Public Schools inclusive literacy curricula, brought by a group of parents claiming their religious rights were unconstitutionally burdened by not being allowed to opt their kids out of reading storybooks featuring LGBTQ characters.
In the amicus brief, the civil rights organizations cited extensive social science research demonstrating how inclusive curricula contribute both to students’ own safety and academic success and to engendering understanding and respect for people whose identities differ from their own. Research further highlights the particular vulnerabilities faced by LGBTQ+ youth and children with LGBTQ+ family members in school settings. The brief argued that inclusive educational materials, including age-appropriate storybooks featuring diverse families and identities, play a vital role in creating supportive learning environments.
Read the Supreme Court ruling here.
Read the amicus brief here.