This week is Banned Book Week, during which B-CC’s Media Center will display books that have been banned or challenged in other school districts nationwide.
In relation to Banned Books Week, a group of MCPS parents has asked the United States Supreme Court to hear their appeal of a lawsuit they brought to enforce their right to opt their kids out of school lessons when LGBTQ+ books are read in the classroom.
In Mahmoud v. Taylor, filed in May 2023, the parents argued that requiring their children to be present for lessons involving LGBTQ+ content violates their First Amendment free exercise rights, and would encourage their children to violate their families’ religious beliefs. The Court of Appeals for the Fourth Circuit upheld the district court’s ruling dismissing the case, finding that there was insufficient evidence that the plaintiffs were negatively affected by the material, or that the instruction of the material infringed on the parents’ First Amendment rights to religious freedom.
The parents in the Mahmoud lawsuit filed their case soon after the Supreme Court declined to hear a similar case, John and Jane Parents 1. v. Montgomery County Board of Education, which challenged the MCPS policy not to tell parents their child’s preferred pronouns without the child’s permission. That court reached a similar result, ruling that the parents had failed to put forward sufficient proof of harm.
The parents in the Mahmoud lawsuit believe that an opt-out right is a reasonable way to accommodate their deeply held religious beliefs, and an extension of their First Amendment right to religious freedom. Supporters of the school’s no opt-out policy believe that having parents pull their children out of class is disruptive to the educational experience, stigmatizing and unwelcoming to LGBTQ+ students, and contrary to the mission of public schools: to create an inclusive learning environment for all students.
Mahmoud is one of many cases that conservative groups have filed across the country to move public schools in a more conservative direction. Opponents of these groups include the American Civil Liberties Union and Americans United for the Separation of Church and State. Critics of these cases say that they threaten public education, saying that public schools are where people that are different from one another come to meet each other and be themselves.
According to the Maryland Attorney General’s brief in the lower court which was joined by 18 other states, “Safe and supportive school environments that nurture the whole student and promote a sense of belonging are a crucial component of student success, in terms of both academic outcomes and student well-being. […] [LGBTQ+] youth often experience discrimination, harassment, and stigma, causing tangible mental and physical harm and restricting their ability to realize their potential. Conversely, robust data confirm that LGBTQ+ students who feel supported and included at school are happier, healthier, and more academically successful.”
Teachers at B-CC are generally supportive of efforts to teach a more inclusive curriculum. B-CC Teacher Ms. Cameron observed that it is important for all students, not just LGBTQ+ students, to be exposed to books with inclusive content. “I think it’s important for students [that are not LGBTQ+] to know that [LGBTQ+ people] are normal […] and see that this is just a normal way that people are.”
Lisa Taylor, the Co-Vice President of the B-CC PTSA for Diversity, Equity, and Inclusion, stated that books featuring diverse content provide an important opportunity for students to learn about people who are different from themselves. Ms. Cameron similarly observed that for students to get along in society together, it is important to acknowledge each other’s existence.
It is likely that the Supreme Court will decide whether to hear the case sometime this fall.
