Attorney General Bonta Files Amicus Brief in Support of Inclusive Curriculum

OAKLAND – California Attorney General Rob Bonta today, as part of a multistate coalition of 19 attorneys general, filed an amicus brief before the U.S. Supreme Court in Mahmoud v. Taylor in support of the Montgomery County Board of Education’s decision to incorporate LGBTQ+ inclusive books into its curriculum. In their brief, the attorneys general argue that the incorporation of LGBTQ+ inclusive books into language arts curriculum falls within state and local governments’ discretion to shape their curriculum and does not infringe on the free exercise right of religion.  

“Representation in our curriculum isn’t just about inclusion, it’s about making sure every student has the opportunity to see themselves reflected in the stories and lessons they engage with,” said Attorney General Bonta. “By making sure curriculum reflects the diverse identities and experiences of all students, we create an environment where all students can thrive and feel a sense of belonging. At the California Department of Justice, we will continue to stand up for the rights of LGBTQ+ students and ensure that all of our students are provided with a learning environment that fosters a culture of respect, empathy, and belonging.”

The Montgomery County Board of Education, like other school authorities around the country, is charged with one of the most important functions of government — nurturing successive generations of children into capable citizens of a diverse but unified nation. Recognizing the importance of this responsibility, courts have long afforded state and local governments significant discretion to craft school policies in order to best serve this goal, so long as they act within the constraints of state and federal law. This discretion encompasses not only what schools teach, but also how they create an environment that is conducive to educating their students. LGBTQ + students face disproportionate levels of stereotyping, discrimination, and even violence, with profound psychological and educational consequences. The books at issue here address these problems by promoting tolerance of, and respect for, people who are LGBTQ+.

In the amicus brief, the coalition urges the Supreme Court to affirm the ruling made by the U.S. Court of Appeals for the Fourth Circuit arguing that:

• The county’s efforts to ensure safe and supportive learning environments for LGBTQ+ students fall within state and local governments’ broad discretion to shape public education.
• States have a responsibility to protect students from harm including LGBTQ+ youth, who experience disproportionately high levels of discrimination and violence.
• Exposure to these books do not violate the free exercise of religion.

In filing the amicus brief, Attorney General Bonta joins the attorneys generals of Massachusetts, Maryland, Connecticut, Colorado, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.

A copy of the brief can be found here.