A coalition of 19 attorneys general filed a 31-page amicus brief with the US Supreme Court on Wednesday, claiming a Maryland county’s policy of incorporating LGBTQ-inclusive books into their curriculum with no opt-out option for parents does not violate the US Constitution.

The amicus brief asserted that the use of LGBTQ-inclusive books in the school district’s curriculum without an opt-out option, a policy adopted by the Montgomery County Board of Education in March 2023, falls within public schools’ authority and overriding interest to foster a safe learning environment. The attorneys general further claimed that the policy does not violate parents’ rights to freely exercise their or their child’s religious beliefs under the Free Exercise Clause of the First Amendment to the US Constitution.

The brief encouraged the US Supreme Court to uphold a decision by the US Court of Appeals for the Fourth Circuit denying the petitioners’ request for a preliminary injunction on the grounds that exposure of the petitioners’ children to LGBTQ-inclusive books through the district’s curriculum did not interfere with the petitioners’ free exercise rights.

Massachusetts Attorney General Andrea Joy Campbell, who co-led the coalition of attorneys general, stated: “Preparing our children to engage with and thrive in a diverse society is a central premise of education. Local school districts have the right to determine that the use of LGBTQ-inclusive books helps to foster inclusive learning environments for all our students.”

The US Supreme Court agreed in January to hear the case, filed by petitioners Tamer Mahmoud and Enas Barakat, Islamic practitioners, joined by Catholic and Ukrainian Orthodox parents, who object to the contents of LGBTQ+ books included in the school’s reading list. The petitioners had filed a lawsuit alleging the policy violated their rights under the First Amendment, stating that it infringes on their right to practice religion as they please.

The amicus brief was signed by the attorneys general from California, Connecticut, Colorado, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington.

The Supreme Court will hear arguments on the petitioners’ challenge on April 22.