Amicus Curiae Brief — Tamer Mahmoud, et al., Petitioners v. Thomas W. Taylor, et al.

No. 24-297

In the

Supreme Court of the United States

TAMER MAHMOUD, et al.,

Petitioners,

v.

THOMAS W. TAYLOR, et al.,

Respondents.

On Writ of Certiorari to the United States

Court of A ppeals for the Fourth Circuit

BRIEF OF AMICI CURIAE GLBTQ LEGAL

ADVOCATES AND DEFENDERS, NCLR, HRC,

FAMILY EQUALITY, COLAGE, FREESTATE

JUSTICE, GLSEN, AND THE TREVOR PROJECT

IN SUPPORT OF RESPONDENTS

Kimberly A. Havlin

Nikita E. A sh

Robert J. DeNault

White & Case LLP

1221 Avenue of the Americas

New York, NY 10020

379271

Mary L. Bonauto

Counsel of Record

Gary D. Buseck

Patience Crozier

Hannah Hussey

Courtney Dougherty

GLBTQ Legal A dvocates

& Defenders

18 Tremont Street, #950

Boston, MA 02108

(617) 388-5521

mbonauto@glad.org

A

(800) 274-3321 • (800) 359-6859

i

TABLE OF CONTENTS

Page

TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . i

TABLE OF CITED AUTHORITIES . . . . . . . . . . . . . . iii

INTEREST OF AMICI CURIAE . . . . . . . . . . . . . . . . . . 1

SUMMARY OF THE ARGUMENT . . . . . . . . . . . . . . . 4

ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

I.

The Montgomery County school board’s

curricular decision to include storybooks

with a variety of characters and themes

is well within the long tradition of public

school education . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

A. P ubl ic schools a re foundat iona l

institutions tasked with preparing

students to become responsible citizens

who can contribute meaningfully to

communities and uphold American

values of liberty and freedom . . . . . . . . . . . . 5

B. The Montgomer y County school

board’s decision to include books with

references to LGBTQ people and

families is a legitimate exercise of its

curricular authority . . . . . . . . . . . . . . . . . . . . 8

ii

Table of Contents

Page

II. T he f ive cha l lenged st or ybook s f it

squarely within the broader Montgomery

County English lang uage a r ts

curriculum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

A. The challenged storybooks share

the themes, plots, ideas, and

topics of many other books . . . . . . . . . . . . . 11

B. The Montgomery County English

language arts curriculum shares and

reflects different perspectives from

the community and fosters legitimate

pedagogical goals . . . . . . . . . . . . . . . . . . . . . 20

III. P e t i t i o n e r s i n c o r r e c t l y c l a s s i f y

ord i na r y st or ybooks as specia l i zed

curriculum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

IV. Petitioners’ requested relief of a mandated

not ice -a nd- opt - out requ i rement for

the five requested books threatens to

sweep far more broadly . . . . . . . . . . . . . . . . . . . . 27

CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

iii

TABLE OF CITED AUTHORITIES

Page

Cases

Abington Sch. Dist. v. Schempp,

374 U.S. 203 (1963) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Bd. of Educ., Island Trees Union

Free Sch. Dist. No. 26 v. Pico,

457 U.S. 853 (1982) . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 8

Bethel Sch. Dist. v. Fraser,

478 U.S. 675 (1986) . . . . . . . . . . . . . . . . . . . . . . . 5, 7, 24

Colin ex rel. Colin v. Orange Unified Sch. Dist.,

83 F. Supp. 2d 1135 (C.D. Cal. 2000) . . . . . . . . . . . . . 26

Epperson v. Arkansas,

393 U.S. 97 (1968) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Gonzalez v. Sch. Bd.,

571 F. Supp. 2d 1257 (S.D. Fla. 2008) . . . . . . . . . . . . 26

Griswold v. Connecticut,

382 U.S. 479 (1965) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Hazelwood Sch. Dist. v. Kuhlmeier,

484 U.S. 260 (1988) . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 9

Mahanoy Area Sch. Dist. v. B.L.,

594 U.S. 180 (2021) . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 7

Mahmoud v. Taylor,

102 F.4th 191 (4th Cir. 2024) . . . . . . . . . . . . . . . . . 27, 28

iv

Cited Authorities

Page

Meyer v. Nebraska,

262 U.S. 390 (1923) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Minersville Sch. Dist. v. Gobitis,

310 U.S. 586 (1940) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Pierce v. Society of Sisters,

268 U.S. 510 (1925) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

San Antonio Ind. School Dist. v. Rodriguez,

411 U.S. 1 (1973) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Tinker v. Des Moines Ind. Comm. Sch. Dist.,

393 U.S. 503 (1969) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

W. Va. State Bd. of Educ. v. Barnette,

319 U.S. 624 (1943) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Wisconsin v. Yoder,

406 U.S. 205 (1972) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Rules

Supreme Court Rule 37.6 . . . . . . . . . . . . . . . . . . . . . . . . . 1

Other Authorities

Amplify CKLA Trade Book List, https://amplify.

com /prog rams/amplify- core-knowledgelanguage-arts/ (last visited April 3, 2025) . . . . . . . . 10

v

Cited Authorities

Page

Glenda A rmand, Love Twelve Miles Long

(2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22, 23

Ma rsha Dia ne A r nold, Gal ápa gos G irl /

Galapegueña (2018) . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Carmen Agra Deedy, Martina the Beautiful

Cockroach (2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Helaine Becker, Pirate Queen: A Story of

Zheng Yi Sao (2020) . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Rudine Sims Bishop, Mirrors, Windows and

Sliding Glass Doors, Perspectives: Choosing

and Using Books for the Classroom (1990) . . . . . . . 10

Sarah S. Brannen, Uncle Bobby’s Wedding

(2008) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 12, 13

Vanessa Brantley-Newton, Just Like Me (2020) . . . . . 18

Joseph Bruchac, Chester Nez and the Unbreakable

Code: A Navajo Code Talker’s Story (2018) . . . . . . . 18

Joseph Bruchac, Crazy Horse’s Vision (2000) . . . . 22, 23

Joseph Br uchac, The First Strawber r ies:

A Cherokee Story (1993) . . . . . . . . . . . . . . . . . . . . . . . 23

Omar S. Castaneda, Abuela’s Weave (1993) . . . . . . . . . 14

vi

Cited Authorities

Page

Tami Charles, Fearless Mary: Mary Fields,

American Stagecoach Driver (2019) . . . . . . . . . . . . 20

Yangsook Choi, The Name Jar (2001) . . . . . . . . . . . . . . 18

Joy Cowley, Gracias, the Thanksgiving Turkey

(1996) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21, 22

Tomie dePaola, Adelita: A Mexican Cinderella

Story (2002) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Junot Díaz, Islandborn (2018) . . . . . . . . . . . . . . . . . . . . 11

Kelly DiPucchio, Grace for President (2008) . . . . . . . . 20

Susan Middleton Elya, La Princesa and the Pea

(2017) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 13

Margarita Engle, Drum Dream Girl: How One

Girl’s Courage Changed Music (2015) . . . . . . . . 16, 17

Alma Fullerton, Hand over Hand (2017) . . . . . . . . . . . 20

Paul Goble, Star Boy (1991) . . . . . . . . . . . . . . . . . . . . . . . 16

Suzanne B. Goldberg, Sticky Intuitions and the

Future of Sexual Orientation Discrimination,

57 UCLA L. Rev. 1375 (2010) . . . . . . . . . . . . . . . . . . . 25

Daniel Haack, Prince & Knight (2018) . . . . . . . . . . . . . 16

vii

Cited Authorities

Page

Rebecca Hickox, The Golden Sandal: A Middle

Eastern Cinderella Story (1998) . . . . . . . . . . . . . 12, 22

Deborah Hopkinson, Sweet Clara and the

Freedom Quilt (1993) . . . . . . . . . . . . . . . . . . . . . . 22, 23

K.M. Jackson, When Diversity Isn’t the Point:

Mirrors, Windows, and Sliding Glass Doors in

the Classroom, Taboo: The Journal of Culture

and Education (2023) . . . . . . . . . . . . . . . . . . . . . . . . . 10

Rita Jahanforuz, The Girl with a Brave Heart:

A Tale from Tehran (2013) . . . . . . . . . . . . . . . . . . . . . 21

Chelsea Johnson, et al., Intersection Allies: We

Make Room for All (2019) . . . . . . . . . . . . . . . . . . 13, 14

Aya Kahlil, The Arabic Quilt: An Immigrant

Story (2020) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Christina Kessler, The Best Beekeeper of Lalibela:

A Tale from Africa (2006) . . . . . . . . . . . . . . . . . . 15, 20

Christopher R. Leslie, Creating Criminals: The

Injuries Inflicted by “Unenforced” Sodomy

Laws, 35 Harv. C.R.-C.L. L. Rev. 103 (2000) . . . . . 25

Julie Leung, Paper Son: The Inspiring Story of

Tyrus Wong, Immigrant and Artist (2019) . . . . 22, 23

Lenore Look, Brush of the Gods (2013) . . . . . . . . . . . . . 22

viii

Cited Authorities

Page

Lenore Look, Uncle Peter’s Amazing Chinese

Wedding (2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 17

Ai-Ling Louie, Astronaut Kalpana Chawla:

Reaching for the Stars (2014) . . . . . . . . . . . . . . . . . . 17

Winton Marsalis, Squeak, Rumble, Whomp!

Whomp! Whomp!: A Sonic Adventure (2012) . . . . . 11

Meg Medina, Merci Suárez Changes Gears

(2018) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 18, 21

Brad Meltzer, I Am Sacagawea (2017) . . . . . . . . . . 15, 21

Pat Mora, Doña Flor: A Tale About a Giant

Woman with a Great Big Heart (2005) . . . . . . . . . . 14

Pat Mora, The Bakery Lady / La señora de la

panadería (2001) . . . . . . . . . . . . . . . . . . . . . . . . . . 13, 21

Trinity Neal & DeShanna Neal, My Rainbow

(2020) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Jodie Patterson, Born Ready: The True Story of a

Boy Named Penelope (2021) . . . . . . . . . . . . . . . . . . . 19

Saviour Pirotta, Turtle Bay (1997) . . . . . . . . . . . . . . . . 17

James E. Ransome, The Bell Rang (2019) . . . . . . . . . . 22

Doreen Rappaport, Wilma’s Way Home: The Life

of Wilma Mankiller (2019) . . . . . . . . . . . . . . . . . . . . . 16

ix

Cited Authorities

Page

Josephine Ross, The Sexualization of Difference: A

Comparison of Mixed-Race and Same-Gender

Marriage, 37 Harv. C.R.-C.L. L. Rev. 255

(2002) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Esmeralda Santiago, A Doll for Navidades

(2005) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Liz Garton Scanlon, All the World (2009) . . . . . . . . . . . 24

Maxine Rose Schur, Brave with Beauty: A Story

of Afghanistan (2019) . . . . . . . . . . . . . . . . . . . . . . 21, 22

Margot Lee Shetterly, Hidden Figures: The

True Story of Four Black Women and the

Space Race (2018) . . . . . . . . . . . . . . . . . . . . . . . . . 22, 23

Simran Jeet Singh, Fauja Singh Keeps Going:

The True Story of the Oldest Person to Ever

Run a Marathon (2020) . . . . . . . . . . . . . . . . . 15, 16, 23

Linda Skeers, Dinosaur Lady: The Daring

Discover ies of Mar y Anning, the First

Paleontologist (2020) . . . . . . . . . . . . . . . . . . . . . . . . . 20

John Steptoe, Mufaro’s Beautiful Daughters

(1987) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Robin Stevenson, Pride Puppy! (2021) . . . . . . . . . . . . . 11

Emily Style , Cur r iculum as Window and

Mirror, Listening for All Voices, Oak Knoll

School Monograph (1988) . . . . . . . . . . . . . . . . . . . . . . 10

x

Cited Authorities

Page

Maria Tallchief, Tallchief: America’s Prima

Ballerina (2001) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Duncan Tonatiuh, Feathered Ser pent and

the Five Suns: A Mesoamerican Creation

Myth (2020) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Aslan Tudor & Kelly Tudor, Young Water Protectors:

A Story About Standing Rock (2018) . . . . . . 15, 22, 23

Sarah Warren, Dolores Huerta: A Hero to Migrant

Workers (2012) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Qin Wenjun, I Am Hua Mulan (2019) . . . . . . . . . . . . . . 15

Charlotte Sullivan Wild, Love, Violet (2021) . . . . . . . 17-19

Karen Williams & Khadra Mohammed, My Name

is Sangoel (2009) . . . . . . . . . . . . . . . . . . . . . . . 19, 22, 23

Gretchen Woelf le, Mumbet’s Declaration of

Independence (2014) . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Janet S. Wong, Apple Pie 4th of July (2002) . . . . . . 22, 23

Kelly Yang, Front Desk (2018) . . . . . . . . . . . . . . . . . 17, 18

Charlotte Zolotow, A Father Like That (2007) . . . . . . . 21

1

INTEREST OF AMICI CURIAE1

GLBTQ Legal Advocates and Defenders (GLAD

Law) is a legal rights organization that seeks equality

for all persons under the law regardless of their sexual

orientation, gender identity, or HIV status. Since 1978,

GLAD Law has worked nationally through strategic

litigation, public policy advocacy, and education. GLAD

Law has an enduring interest in LGBTQ families and

children, including in public education.

The National Center for Lesbian Rights (NCLR)

is a national non-profit legal organization dedicated to

protecting and advancing the civil rights of lesbian, gay,

bisexual, and transgender people and their families

through litigation, public policy advocacy, and public

education. Since its founding in 1977, NCLR has played

a leading role in securing fair and equal treatment for

LGBT people and their families in cases across the

country involving constitutional and civil rights. NCLR

has a particular interest in promoting equal opportunity

for LGBT people in educational institutions through

legislation, policy, and litigation.

Family Equality (formerly Family Equality Council) is

a national organization advancing lived and legal equality

for LGBTQ families and those who wish to form them.

For over 40 years, Family Equality has worked to change

1. In accord with Rule 37.6, no counsel for a party authored

this brief in whole or in part, and no counsel or party made

a monetary contribution intended to fund the preparation or

submission of this brief. No person other than amici curiae, their

members, or their counsel made a monetary contribution to its

preparation or submission.

2

attitudes, laws, and policies through advocacy and public

education to ensure that all families, regardless of creation

or composition, are respected in all aspects of life. Family

Equality has an ongoing interest in ensuring that LGBTQ

parents and their children have access to classrooms that

include their families, which are crucial to addressing the

stigmatization, bullying, and discrimination that LGBTQ

families often face in public education.

COLAGE is a national organization that unites people

with one or more lesbian, gay, bisexual, transgender,

queer, intersex, and/or asexual parent into a network of

peers and supports them as they nurture and empower

each other to be skilled, self-confident, and just leaders

in our collective communities.

FreeState Justice, Inc. is Maryland’s statewide

advocacy non-profit promoting equity, dignity, and

justice for Maryland’s lesbian, gay, bisexual, transgender,

queer, and gender-diverse (LGBTQ+) communities

through high-quality legal services, policy advocacy,

and resource coordination. FreeState Justice serves

all LGBTQ+ Marylanders, with a focus on individuals

and families who face disproportionate barriers due to

systemic discrimination, social stigma, or lack of access

to resources.

Through programming and initiatives, the Human

Rights Campaign (HRC) Foundation seeks to make

transformational change for LGBTQ+ people by building

capacity and shifting policies, practices, and hearts

and minds in institutions that shape our daily lives. Its

program, Welcoming Schools, is the most comprehensive

bias-based bullying prevention program in the nation

3

to provide LGBTQ+ and gender-inclusive professional

development training, lesson plans, booklists, and

resources designed for educators and youth-serving

professionals. The program uplifts school communities

with critical tools to embrace family diversity and prevent

bias-based bullying.

GLSEN is a national organization working to build

safe, affirming, and inclusive learning environments

for LGBTQ+ youth and all students. For over three

decades, GLSEN programs, research, and resources

have informed school-based efforts to prioritize bullying

prevention, inclusive learning, and additional supports so

that all youth—including LGBTQ+ students—have equal

opportunities to learn, grow, and reach their full potential.

The Trevor Project is the nation’s leading LGBTQ+

youth suicide prevention and cr isis inter vention

organization. The Trevor Project offers the only nationwide

accredited, free, and confidential phone, instant message,

and text message crisis intervention services for LGBTQ+

youth. These services are used by tens of thousands of

youths each month. Through analyzing and evaluating

data obtained from these services and national surveys,

The Trevor Project produces innovative research that

brings new knowledge, with clinical implications, to issues

affecting LGBTQ+ youth.

4

SUMMARY OF THE ARGUMENT

The American public school system is a vital civic

institution with a responsibility to prepare students from

all walks of life for participation in our democratic society.

Educating youth is not confined to textbooks; it necessarily

involves building students’ awareness of others and the

presence of divergent social, political, and religious views

and experiences. Doing so allows students to see, hear,

and engage, whether in agreement or disagreement, with

a pluralistic society.

The Montgomery County school board, as the body

best positioned and entrusted to select the curriculum

for the community it serves, has devised a language arts

curriculum that includes storybooks introducing students

to characters and subjects reflecting a wide range of

backgrounds and cultures. A few of those books include

LGBTQ characters and families. As described in detail

below, each of these books presents the same themes and

plots as many of the other texts in use in the school district.

The curriculum’s storybooks feature people of varying

religions, ethnicities, physical ability and appearance,

and family structures. Taken together, these books—as

they develop students’ English language skills—present

grade-appropriate understandings of varied experiences

allowing children to see both themselves and others in

their school community. By including the different people

who comprise Montgomery County and its schools, the

curriculum helps students foster skills of civility and

respect that are needed in a functioning school system

and a healthy democracy.

The special notice-and-opt-out requirement that

Petitioners urge this Court to create would impose

5

an unworkable administrative burden on schools and

undermine educators’ ability to focus on their core teaching

responsibilities. The Petitioners’ claims incorrectly treat

books featuring LGBTQ families as inherently different

from those depicting every other family—when many of the

books simply represent various family structures that exist

in our communities and acknowledge family compositions

that students will encounter in their daily lives. The relief

sought also threatens to have a severe chilling effect on

any balanced representation in public schools, which is

untenable for teachers and invites constant judicial review

and adjudication of educational policy that is traditionally

and best left to local communities. Creating LGBTQ-only

opt-outs from a curriculum fundamentally designed to

reflect the reality of American society sends a troubling

message to students that some families are less worthy

of acknowledgment and respect than others.

ARGUMENT

I.

The Montgomery County school board’s curricular

decision to include storybooks with a variety of

characters and themes is well within the long

tradition of public school education.

A.

Public schools are foundational institutions

tasked with preparing students to become

responsible citizens who can contribute

meaningfully to communities and uphold

American values of liberty and freedom.

A key “role and purpose” of the American school

system is to “prepare pupils for citizenship in the

Republic.” Bethel Sch. Dist. v. Fraser, 478 U.S. 675, 681

6

(1986); see also Abington Sch. Dist. v. Schempp, 374

U.S. 203, 230 (1963) (Brennan, J., concurring) (finding

public schools are the “most vital civic institution for the

preservation of a democratic system of government.”).

In so doing, this Court has stated that “the classroom

is peculiarly the ‘marketplace of ideas,’” Tinker v. Des

Moines Ind. Comm. Sch. Dist., 393 U.S. 503, 512 (1969),

and accordingly held that the State must not arbitrarily

“contract the spectrum of available knowledge,” Griswold

v. Connecticut, 382 U.S. 479, 482 (1965) (discussing this

“principle” of Meyer v. Nebraska, 262 U.S. 390 (1923)

and Pierce v. Society of Sisters, 268 U.S. 510 (1925)). As

this Court recently explained, schools are “nurseries of

democracy” and learning to hear different viewpoints is

essential to that endeavor. Mahanoy Area Sch. Dist. v.

B.L., 594 U.S. 180, 190; see also id. at 202-03 (Alito, J.,

concurring).

State and local authorities have broad discretion in

the management of school affairs and are best suited

to establish and supervise curricula in schools. See, e.g.,

Epperson v. Arkansas, 393 U.S. 97, 104 (1968) (finding “[b]y

and large, public education in our Nation is committed

to the control of state and local authorities.”); see also

San Antonio Ind. School Dist. v. Rodriguez, 411 U.S.

1, 42 (1973) (noting that the Court’s “lack of specialized

knowledge and experience [on education policy] counsels

against premature interference with the informed

judgments made at the state and local levels.”).

This Court also recognizes the rights and fundamental

role of parents to educate their children. Wisconsin v.

Yoder, 406 U.S. 205, 230 (1972). While school administrators

stand in loco parentis to children during the school day,

7

parents remain central in “protect[ing], guid[ing], and

disciplin[ing] them.” Mahanoy Area Sch. Dist., 141 U.S.

at 189. Parents guide their children’s development through

numerous channels: monitoring behavior and emotional

well-being; providing religious instruction; determining

where their children grow up and with whom they

socialize; and structuring leisure activities. The majority

of a child’s time is spent beyond school walls, during which

parents may address any subject they deem appropriate

and shape their child’s worldview in accordance with

family values—whether through direct instruction,

private schooling, faith-based programs, homeschooling,

or other formative influences.

Just as it is important for a parent to educate their

child outside of school, it is also important for public

schools to teach the “fundamental values of ‘habits and

manners of civility,’” and indeed schools “must teach by

example the shared values of a civilized social order.”

Fraser, 478 U.S. at 681, 683 (“The process of educating

our youth is not confined to books, the curriculum, and

the civics classes.”). School officials have the authority

to “require teaching . . . and study of all in our history

and in the structure and organization of our government,

including the guaranties of civil liberty.” W. Va. State

Bd. of Educ. v. Barnette, 319 U.S. 624, 631 (1943) (citing

Minersville Sch. Dist. v. Gobitis, 310 U.S. 586, 604 (1940))

(Stone, J., dissenting); see also Bd. of Educ., Island

Trees Union Free Sch. Dist. No. 26 v. Pico, 457 U.S. 853,

882 (1982) (Blackmun, J., concurring) (describing this

authority to teach and direct study as a form of “positive

educational action” entrusted to public schools). Public

school curricula include references to different segments

of society and cultural backgrounds to equip students

8

with the knowledge needed to understand their place in

the world and strengthen their ability to navigate that

world as adults. See Hazelwood Sch. Dist. v. Kuhlmeier,

484 U.S. 260, 278 (1988) (Brennan, J., dissenting) (“Public

education . . . prepar[es] the Nation’s youth for life in our

increasingly complex society.”). In so doing, public schools

expose students to different concepts and facts so as to

prepare them for participation in a “pluralistic, often

contentious society,” which includes LGBTQ people. Pico,

457 U.S. at 868.

B. The Montgomery County school board’s

decision to include books with references to

LGBTQ people and families is a legitimate

exercise of its curricular authority.

The Montgomery County school board has explained

that the primary purpose of its English language arts

curriculum is to teach students literacy, while using texts

intended to foster the tools students need to “[v]alue

the richness of cultural pluralism and commonality,”

“work effectively in cross-cultural environments,” and

“[c]onfront and eliminate stereotypes,” Pet.App.589a, each

of which is a proper objective. The five challenged books

refer to LGBTQ families and individuals—alongside books

that reference the myriad religions, creeds, cultures, and

experiences of the school and larger communities.

Amici acknowledge that Americans hold a wide

range of sincere religious and personal beliefs about

LGBTQ people and families. Such viewpoints, however,

do not alter the reality that LGBTQ families exist

throughout our communities. Students in Montgomery

County will naturally encounter classmates from various

9

family structures in their educational and life journeys,

much as students from different faith backgrounds will

encounter traditions that are not their own, and children

from two-parent households will interact with peers

from single-parent homes regardless of their family’s

religious teachings about marriage. Children from

LGBTQ families likewise attend public schools during

their crucial developmental years. Parents maintain

substantial influence over their children’s upbringing and

education outside school hours. Within this framework,

public schools may reasonably establish curricula that

acknowledge the existence of different family compositions

and perspectives that students will encounter in their

communities.

II. The five challenged storybooks fit squarely within

the broader Montgomery County English language

arts curriculum.

As Hazelwood School District v. Kuhlmeier explained,

the government’s exercise of its discretion over curriculum

must be “reasonably related to legitimate pedagogical

concerns.” 484 U.S. at 273. The challenged books are

entirely consistent with the legitimate pedagogical goals

of the English language arts curriculum in Montgomery

County. As demonstrated below, the books contain the

same age-appropriate themes, concepts, and ideas as

the rest of the language arts curriculum. 2 Many of the

hundreds of books in the Montgomery County curriculum

permit elementary school students to see themselves and

2. Amici reviewed 190 books out of the curriculum; the titles

cited in this brief are a representative but not comprehensive

selection of comparable books.

10

their families reflected in their reading materials, and also

foster a familiarity with the backgrounds and traditions

of their classmates and the larger community.

This is not a new pedagogical goal. For decades,

scholars and educators have recognized the value of a

“windows and mirrors” approach to teaching. 3 “Mirror”

books reflect a student’s own cultural, ethnic, religious,

gender, or racial backgrounds back to them, allowing them

to feel that their identity is valued; “window” books expose

and familiarize students to identities and traditions that

are different than their own.4 This approach ensures that

the Montgomery County curriculum helps students “grow

in their understanding of others” and “find connections

between domain knowledge and their own lives.”5

3. See Emily Style, Curriculum as Window and Mirror,

Listening for All Voices, Oak Knoll School Monograph (1988); see

also Rudine Sims Bishop, Mirrors, Windows and Sliding Glass

Doors, Perspectives: Choosing and Using Books for the Classroom

9-11 (1990).

4. K.M. Jackson, When Diversity Isn’t the Point: Mirrors,

Windows, and Sliding Glass Doors in the Classroom, Taboo: The

Journal of Culture and Education 54, 55 (2023); see also Bishop,

at 9-11.

5. Amplify CKLA Trade Book List, https://amplify.com/

programs/amplify-core-knowledge-language-arts/ (last visited

April 3, 2025).

11

A.

The challenged storybooks share the themes,

plots, ideas, and topics of many other books.

Each of the challenged books aligns with others in

the curriculum, as noted below:6

Uncle Bobby’s Wedding (Kindergarten): In Uncle

Bobby’s Wedding,7 the protagonist Chloe fears that she

will no longer be able to spend time with her favorite

uncle, Bobby, when he gets married to his fiancé, Jamie.

To alleviate these worries, Bobby and Jamie take Chloe on

numerous adventures, hoping to assure her that not only

will her relationship with Uncle Bobby not change, but also

that she is gaining another caring adult in her life. The

book concludes with a wedding celebration where Chloe

serves as the flower girl, showing readers that change

can be for the better.

6. Petitioners spend a lot of time arguing against two books

that are no longer in the curriculum or at issue in this case. Robin

Stevenson’s Pride Puppy! (2021) is an alphabet book that follows a

family and their puppy as they attend a local LGBTQ pride parade,

much like other pre-kindergarten books like Winton Marsalis’s

Squeak, Rumble, Whomp! Whomp! Whomp!: A Sonic Adventure

(2012), which uses onomatopoeia to explore all the sounds a small

child hears while adventuring through New Orleans. My Rainbow

is similar to other books in the second-grade curriculum that

feature families supporting a child navigating issues related to

identity, in depicting a mother working to make her child the gift

of a colorful wig. Trinity Neal & DeShanna Neal, My Rainbow

(2020). This parallels Islandborn, which includes a child struggling

with a school assignment to draw the island country from which

she came and of which she has no memory; with help from her

family and friends, she realizes the island is part of her. Junot

Díaz, Islandborn (2018).

7. Sarah S. Brannen, Uncle Bobby’s Wedding (2008).

12

The plot of Uncle Bobby’s Wedding is nearly identical

to another book in the elementary English language

curriculum, Uncle Peter’s Amazing Chinese Wedding, 8

which also tells of a young girl who is saddened that

her favorite uncle is marrying. She worries they will no

longer spend time together, but ultimately, the narrator

warms to her new aunt when she gets to play a special

role at the wedding reception. Assigned to the third-grade

curriculum, Uncle Peter’s Amazing Chinese Wedding

also delves into more mature content than presented

by Uncle Bobby’s Wedding, with references to fertility,

childbearing, and a kiss.9

More broadly, many other kindergarten storybooks

in the Montgomery County curriculum have plots and

themes relating to families and marriage. For example,

The Golden Sandal: A Middle Eastern Cinderella

Story10 is based on an Iraqi folktale in which the main

character enchants a wealthy merchant’s son, who falls

in love and marries her within days of their meeting. In

the bilingual book La Princesa and the Pea, a prince “in

need of affection” falls quickly in love with a princess and

8. Lenore Look, Uncle Peter’s Amazing Chinese Wedding

(2006).

9. Id. at 21-22, 24 (depicting kids jumping on a bed following

the wedding ceremony with the belief that “the new couple

will have as many children as will jump on the bed”; mention

of “fertility” soup at the wedding reception which is “good for

making babies.”).

10. Rebecca Hickox, The Golden Sandal: A Middle Eastern

Cinderella Story (1998).

13

determines to marry her “[n]o matter what Mom does[.]”11

The two marry and the book explains they have “hijos

galore”12 —a reference to the couple’s numerous children.

These themes continue in the first-grade curriculum

for students one year ahead. For example, in Adelita: A

Mexican Cinderella Story,13 a man kisses the protagonist

and declares his love; they marry and live happily ever

after.

Like Uncle Bobby’s Wedding, many kindergarten

books share stories of children who live in a variety of

family structures. In The Bakery Lady,14 for example,

Monica, a young g irl lives w ith her brother and

grandparents above a bakery. She achieves her dreams

of becoming a baker with the help and love of her family.

Intersection Allies: We Make Room for All (Grade 1):

Intersection Allies15 includes a wide variety of characters

and focuses on cultivating respect for differences based on

religion, disability, and other traits. Each character shares

something about themselves. A character who uses a

wheelchair explains, “[w]hen I need to get through, friends

11. Susan Middleton Elya, La Princesa and the Pea 3 (2017).

12. Id. at 14.

13. Tomie dePaola, Adelita: A Mexican Cinderella Story

20 (2002).

14. Pat Mora, The Bakery Lady / La señora de la panadería

(2001).

15. Chelsea Johnson, et al., Intersection Allies: We Make

Room for All (2019).

14

help make a way.”16 Another character, Kate, explains that

“[s]kirts and frills are cute, I suppose, [b]ut my superhero

cape is more ‘Kate’ than those bows.”17 That resonates

with Adilah, who finds that “just like Kate, [w]hat I wear

inspires endless debate. Some give, some chant, some sing,

some pray, [m]y hijab is my choice—you can choose your

own way.”18 And through these and similar stories, the

storybook shows the characters “striv[ing] to be equal but

not all the same.”19 The first-grade curriculum is filled with

books celebrating the traits that make someone who they

are, developing understanding of oneself, and respecting

differences reflected in the community.

Doña Flor: A Tale About a Giant Woman with a

Great Big Heart tells the story of a girl, a giant, who was

initially laughed at by other children “because she was

different[.]” 20 They later come to appreciate that her size

is a gift. When faced with a crisis, the “giant woman’s”

frightened neighbors rely on her and her height to solve

the problem and, despite fear, they venture out to check

on her. Abuela’s Weave 21 similarly addresses physical

differences and cultural heritage. There, a girl and her

grandmother are afraid that the grandmother’s birthmark

will deter people from buying their weavings, including

16. Id. at 4.

17. Id. at 9.

18. Id. at 11.

19. Id. at 30.

20. Pat Mora, Doña Flor: A Tale About a Giant Woman with

a Great Big Heart 3 (2005).

21. Omar S. Castaneda, Abuela’s Weave (1993).

15

a tapestry inspired by the sacred book of the Maya. The

grandmother’s birthmark is a source of stigma, forcing

her to cover her face and self-isolate at the market. By

the end of the book, illustrations show the grandmother

uncovering her face after a successful day selling their

weavings. Similarly, in I Am Sacagawea, the narrator

overcomes others’ low opinion of her based on her sex,

youth, and Native American identity; she urges readers

to “Make your own path. Shatter expectations.” 22

The curriculum includes various other stories that

demonstrate respect for differences. For example, in

The Best Beekeeper of Lalibela, 23 a young Ethiopian

girl receives wisdom from a priest who tells her, “[m]an,

woman, girl, boy is not important. So keep bees,” teaching

that dedication to one’s craft transcends conventional

expectations. Second-grade students may also read the

classic tale I Am Hua Mulan, 24 which has been beloved

by families for generations, showing how a daughter’s

devotion to her father led her to serve in his place during

wartime. Her story emphasizes family loyalty, bravery,

and sacrifice. Students might also encounter Young Water

Protectors: A Story About Standing Rock, 25 which teaches

about a young boy honoring his heritage by maintaining

traditional hairstyles. Similarly, Fauja Singh Keeps

Going: The True Story of the Oldest Person to Ever Run

22. Brad Meltzer, I Am Sacagawea 35 (2017).

23. Christina Kessler, The Best Beekeeper of Lalibela: A Tale

from Africa 7 (2006).

24. Qin Wenjun, I Am Hua Mulan (2019).

25. Aslan Tudor & Kelly Tudor, Young Water Protectors: A

Story About Standing Rock (2018).

16

a Marathon26 shares how a Sikh runner was determined

to succeed in finishing marathons, even in the face of

opposition, and describes the practices he maintained as

part of his faith.

Prince & Knight (Grade 3): Prince & Knight27 is an

adventure story in which, after battling dragons, a prince

ultimately marries a knight, with the support of his family.

Several other books in the third-grade curriculum feature

similar themes of marriages. For example, Wilma’s Way

Home: The Life of Wilma Mankiller 28 describes Wilma’s

marriage to her first husband, their subsequent divorce,

and her second marriage to a fellow activist, who had been

her friend for years. Further, Star Boy29 is a Blackfeet

story that includes two marriages. First, a young woman

falls in love with the handsome Morningstar. They move to

his home in the sky where they marry and have a son, Star

Boy. Then, Star Boy falls in love with a chief’s daughter

and eventually marries her after receiving a blessing from

his grandfather, the Sun.

Prince & Knight is also a story about navigating

familial expectations, exhibiting bravery in the face of

challenge, and working together to succeed just like many

other books in the curriculum. In Drum Dream Girl: How

One Girl’s Courage Changed Music, a young girl learns

26. Simran Jeet Singh, Fauja Singh Keeps Going: The True

Story of the Oldest Person to Ever Run a Marathon (2020).

27. Daniel Haack, Prince & Knight 1 (2018).

28. Doreen Rappaport, Wilma’s Way Home: The Life of

Wilma Mankiller (2019).

29. Paul Goble, Star Boy (1991).

17

how to play the drums even though her father and the rest

of their community tell her that “only boys should play

the drums.” 30 Turtle Bay31 tells the story of two unlikely

friends who work together to make the beach safe for

turtles to come and lay their eggs there. The story shows

children how even the most unlikely of pairs can create

powerful change if only they work together. 32

Love, Violet (Grade 4): Love, Violet33 tells the story

of Violet, a student who daydreams of adventures with

her classmate, Mira. Yet, when Mira asks Violet to draw

together or play, Violet becomes anxious and shy. On

Valentine’s Day, Violet musters the courage to make and

give Mira a valentine. Love, Violet shows characters

navigating the challenges that surround expressing

one’s feelings and overcoming embarrassment, common

themes in the fourth-grade curriculum. In Front Desk,

Mia is distressed to find out that her class nemesis, Jason,

“likes” her. Asking to talk to her alone, Jason gives her

some flowers and explains how he experiences “this tingly

feeling” when around her. 34 In Merci Suárez Changes

Gears, Merci is confused and frustrated when the other

girls in her class show a seemingly newfound interest in

30. Margarita Engle, Drum Dream Girl: How One Girl’s

Courage Changed Music 6 (2015).

31. Saviour Pirotta, Turtle Bay (1997).

32. See also Carmen Agra Deedy, Martina the Beautiful

Cockroach (2007); Lenore Look, Uncle Peter’s Amazing Chinese

Wedding (2006); Ai-Ling Louie, Astronaut Kalpana Chawla:

Reaching for the Stars (2014).

33. Charlotte Sullivan Wild, Love, Violet (2021).

34. Kelly Yang, Front Desk 102 (2018).

18

boys and romance. “The heart is a mystery,” 35 her mother

says when Mia questions how her older brother could end

up going to prom with someone she thought he hated.

She recognizes a loving relationship in her parents and

grandparents.

Merci Suárez, like Love, Violet and other books that

fourth grade students may encounter, assists students

in approaching increasingly more complex, yet still ageappropriate, plots and themes. For example, Merci Suárez

addresses puberty and changing bodies. 36 The approved

books also build on topics encountered in earlier grades,

including racial discrimination (Front Desk; Chester

Nez and the Unbreakable Code: A Navajo Code Talker’s

Story); poverty (Front Desk); marriage and love (Mufaro’s

Beautiful Daughters); navigating gender expectations

(Pirate Queen: A Story of Zheng Yi Sao); the history of

slavery in the United States (Mumbet’s Declaration of

Independence); and the importance of respecting and

tolerating differences (The Name Jar; Just Like Me). 37

35. Meg Medina, Merci Suárez Changes Gears 128 (2018).

36. Id. at 32-33, 159-60. For example, Merci goes to the

drug store with her aunt to get deodorant because “it’s time”; she

worries about having to change in the locker room for gym class,

noting that other girls have been made fun of for their bra colors

or not wearing a bra at all; she does not want to talk about her

chest changing even though she knows it will likely happen soon.

37. Kelly Yang, Front Desk (2018); Joseph Bruchac, Chester

Nez and the Unbreakable Code: A Navajo Code Talker’s Story

(2018); John Steptoe, Mufaro’s Beautiful Daughters (1987);

Helaine Becker, Pirate Queen: A Story of Zheng Yi Sao (2020);

Gretchen Woelfle, Mumbet’s Declaration of Independence (2014);

Yangsook Choi, The Name Jar (2001); Vanessa Brantley-Newton,

Just Like Me (2020).

19

In this context, Love, Violet represents one “mirror and

window” among many in the fourth-grade curriculum and,

like several other books, addresses some of the anxieties

that students at this age may be facing with respect to

peer relationships.

Born Ready: The True Story of a Boy Named

Penelope (Grade 5): Born Ready 38 tells the story of

Penelope, a boy whose gender identity doesn’t match

others’ expectations. After facing initial frustration,

he tells his family he’s a boy, receives mostly support

(with some resistance from his brother), and eventually

wins a karate competition through determination. Like

other books in the curriculum, Born Ready explores

themes of family support in overcoming challenges and

in pursuing one’s dreams. A Doll for Navidades39 shows

sisters prioritizing their relationship over a desired toy.

In Tallchief,40 Maria’s parents support her ballet dreams,

despite prohibitions on her Osage community holding

dances and ceremonies, and despite a cultural tradition

in which dancing was only for men.

The curriculum consistently explores identity and

persistence. In My Name is Sangoel,41 part of the secondgrade curriculum, a Sudanese boy and his family become

38. Jodie Patterson, Born Ready: The True Story of a Boy

Named Penelope (2021).

39. Esmeralda Santiago, A Doll for Navidades (2005).

40. Maria Tallchief, Tallchief: America’s Prima Ballerina

(2001).

41. Karen Williams & Khadra Mohammed, My Name is

Sangoel (2009).

20

refugees in the United States. Knowing that his name is

core to who he is, Sangoel persists in correcting people

when they mispronounce his name, despite the laughter

it invites from his classmates and his mother’s suggestion

that he go by a more typically “American”-sounding name.

By the end of the book, he successfully teaches other

students to properly pronounce his name—and gives them

tools to explain their own names in a new way, too.

Several curriculum books feature characters who

challenge gender stereotypes, including Dinosaur Lady42

about Mary Anning becoming a paleontologist despite

19th century gender discrimination. Additional examples

include Grace for President, The Best Beekeeper of

Lalibela, and others.43

B. The Montgomery County English language

arts curriculum shares and reflects different

perspectives from the community and fosters

legitimate pedagogical goals.

The books in the Montgomery County elementary

curriculum, in employing this “windows” and “mirrors”

pedagogy, allow students to learn about themselves and

others through characters and stories from a wide range

of religions, cultures, and nationalities that reflect the

wider community.

42. Linda Skeers, Dinosaur Lady: The Daring Discoveries

of Mary Anning, the First Paleontologist (2020).

43. Kelly DiPucchio, Grace for President (2008); Christina

Kessler, The Best Beekeeper of Lalibela: A Tale from Africa (2006);

Sarah Warren, Dolores Huerta: A Hero to Migrant Workers

(2012); Tami Charles, Fearless Mary: Mary Fields, American

Stagecoach Driver (2019); Alma Fullerton, Hand over Hand (2017).

21

The five challenged books fit neatly into these wellestablished principles. Families are central to many of the

stories, and the curriculum books showcase a variety of

family types and structures, including books that feature

children who live with their mother and father (Galápagos

Girl), children raised by single mothers (A Father Like

That), children living with extended family (Gracias, the

Thanksgiving Turkey and The Bakery Lady), teenage

and/or young parents (I Am Sacagawea; Brave with

Beauty: A Story of Afghanistan), families who have gone

through divorce (Merci Suárez Changes Gears), and

blended families (The Girl with a Brave Heart: A Tale

from Tehran).44 For students, some books will be similar

to their own experiences; others will display something

about the lives of other students and families different

from their own. The five challenged books may provide a

mirror for students who have a LGBTQ parent, sibling,

or relative, and who can see their families represented in

these books. For others, the books provide a window to

people they will encounter in the Montogomery County

community, such as a classmate dropped off at school by

same-sex parents.

Books in the curriculum also include tales of people

praying consistent with their faith traditions, with stories

and references drawn from many faiths—a Buddhist

44. Marsha Diane Arnold, Galápagos Girl / Galapegueña

(2018); Charlotte Zolotow, A Father Like That (2007); Joy Cowley,

Gracias, the Thanksgiving Turkey (1996); Pat Mora, The Bakery

Lady / La señora de la panadería (2001); Meg Medina, Merci

Suárez Changes Gears (2018); Maxine Rose Schur, Brave with

Beauty: A Story of Afghanistan (2019); Brad Meltzer, I Am

Sacagawea (2017); Rita Jahanforuz, The Girl with a Brave Heart:

A Tale from Tehran (2013).

22

temple in Brush of the Gods, a sermon about Moses in The

Bell Rang, Lakota prayers in Young Water Protectors, a

blessing at Mass in Gracias, the Thanksgiving Turkey,

a Mesoamerican creation story in Feathered Serpent

and the Five Suns, Arabic wedding traditions in The

Golden Sandal, and the construction of mosques in Brave

with Beauty: A Story of Afghanistan. 45 These books

expose students to the wide variety of religions they will

encounter—even as the students themselves may have

different religious beliefs, values, and customs, and are

free to express those beliefs (or their lack thereof) in the

classroom. Pet.App. 214a-215a.

The curriculum is also rich with stories featuring

communities who refused to cede their culture despite

challenges to its endurance, including books about AfricanAmerican families during slavery and segregation (Love

Twelve Miles Long; Sweet Clara and the Freedom Quilt;

Hidden Figures: The True Story of Four Black Women

and the Space Race), Chinese-American immigrant

families (Apple Pie Fourth of July; Paper Son: The

Inspiring Story of Tyrus Wong, Immigrant and Artist),

a Sudanese refugee family (My Name is Sangoel), and

Lakota history and stories (Crazy Horse’s Vision; Young

45. Lenore Look, Brush of the Gods (2013); James E.

Ransome, The Bell Rang (2019); Aslan Tudor & Kelly Tudor,

Young Water Protectors: A Story About Standing Rock (2018);

Joy Cowley, Gracias, the Thanksgiving Turkey (1996); Duncan

Tonatiuh, Feathered Serpent and the Five Suns: A Mesoamerican

Creation Myth (2020); Rebecca Hickox, The Golden Sandal: A

Middle Eastern Cinderella Story (1998); Maxine Rose Schur,

Brave with Beauty: A Story of Afghanistan (2019).

23

Water Protectors).46 Such exposure in no way prevents

parents from educating children about their own culture,

history, or experiences.

Taken together, this curriculum—including the

challenged books—shows students a variety of characters

and helps them learn to navigate differences and develop

skills around civility and mutual respect. Some books

explicitly model this. For example, in The Arabic Quilt,

a student who initially laughs at her classmate’s mother

for speaking Arabic later apologizes after learning “how

important a different language is.”47 In Fauja Singh Keeps

Going,48 students learn about issues of disrespect, racism,

and intolerance. In The First Strawberries: A Cherokee

Story, a husband and wife show each other forgiveness

after an argument—creating a lasting reminder for

Cherokee people in the future “to remember that

friendship and respect are as sweet as ripe, red berries.”49

46. Glenda Armand, Love Twelve Miles Long (2011); Deborah

Hopkinson, Sweet Clara and the Freedom Quilt (1993); Margot

Lee Shetterly, Hidden Figures: The True Story of Four Black

Women and the Space Race (2018); Janet S. Wong, Apple Pie 4th

of July (2002); Julie Leung, Paper Son: The Inspiring Story of

Tyrus Wong, Immigrant and Artist (2019); Karen Williams &

Khadra Mohammed, My Name is Sangoel (2009); Joseph Bruchac,

Crazy Horse’s Vision (2000); Aslan Tudor & Kelly Tudor, Young

Water Protectors: A Story About Standing Rock (2018).

47. Aya Kahlil, The Arabic Quilt: An Immigrant Story 26

(2020).

48. Simran Jeet Singh, Fauja Singh Keeps Going: The True

Story of the Oldest Person to Ever Run a Marathon (2020).

49. Joseph Bruchac, The First Strawberries: A Cherokee

Story 27 (1993).

24

And in All the World, readers are encouraged to recognize

and appreciate the connections between themselves and

others, stating “everything is you and me, hope and peace

and love and trust, all the world is all of us.”50

In these ways, the English language arts curriculum

“prepare[s] pupils for citizenship in the Republic,” Fraser,

478 U.S. at 681 (internal citations omitted), and does so in

a way that its local officials are best equipped to calibrate.

III. Petitioners incorrectly classify ordinary storybooks

as specialized curriculum.

The five storybooks Petitioners challenge contain the

same narrative elements, thematic content, and character

development as dozens of other books in the curriculum.

They feature characters navigating everyday experiences:

family relationships, friendship, community, and personal

growth. In one story, a child has two uncles; in another,

a character expresses themselves in ways that do not

conform to gender stereotypes. These elements appear

alongside many depictions of a wide range of different

families throughout the curriculum.

Yet Petitioners baselessly classify these books as sex

education materials requiring special parental oversight,

while making no such claims about substantially similar

stories featuring a litany of characters encountering

comparable experiences.

When literature includes a married heterosexual

couple, we recognize it as a depiction of a family, not as

50. Liz Garton Scanlon, All the World 33-36 (2009).

25

instruction about sexuality or heterosexuality. Similarly,

when literature includes characters from different

cultural backgrounds, we understand it as reflecting

examples of the variety of human experience—not as

specialized ethnic instruction. The same principle applies

here. The presence of LGBTQ families and characters in

a few storybooks serves the same educational purpose as

the other reading materials in the curriculum: helping

students develop literacy skills while seeing the full

spectrum of families and individuals in their communities

reflected in what they read. These storybooks are no more

instruction on gender and sexuality than telling any other

story that references a relationship between a man and

a woman.

Amici suggest that the assumption that books

containing LGBTQ characters constitute sex education

reflects a pernicious trope or stereotype—unfortunately

one w ith a long history—that sexualizes LGBTQ

people and limits them to sex and sexuality. Suzanne B.

Goldberg, Sticky Intuitions and the Future of Sexual

Orientation Discrimination, 57 UCLA L. Rev. 1375,

1391 (2010) (the “hypersexualization of gay people,

relative to heterosexuals, in the public imagination” does

not account for the complex and multi-faceted nature of

their existence). This double standard has historically

manifested itself in numerous contexts where the conduct

or representation of LGBTQ people (in the challenged

books, for example, in the depiction of a wedding) is

viewed as somehow sexual, where the same conduct or

representation among heterosexual people would be no

such thing. See Christopher R. Leslie, Creating Criminals:

The Injuries Inflicted by “Unenforced” Sodomy Laws, 35

Harv. C.R.-C.L. L. Rev. 103, 169 (2000) (noting that some

26

courts, before recognizing the distinction between conduct

and status, reduced LGBTQ people to their perceived

sexual acts). As Professor Josephine Ross has noted,

“[t]o say that a relationship is ‘sexualized’ means it is

viewed as essentially sexual and is not seen to be about

commitment, communication or love.” Josephine Ross,

The Sexualization of Difference: A Comparison of MixedRace and Same-Gender Marriage, 37 Harv. C.R.-C.L. L.

Rev. 255, 256 (2002).

This double standard has been addressed by federal

courts in other educational contexts. In Colin ex rel. Colin

v. Orange Unified Sch. Dist., 83 F. Supp. 2d 1135 (C.D.

Cal. 2000), school administrators refused to recognize a

Gay-Straight Alliance (GSA) under the Equal Access Act,

labeling it a “sexually charged club.” Id. at 1139. The court

rejected this characterization, noting that “you can talk

about being gay without talking about having sex, just

as you can talk about being heterosexual without talking

about sex.” Id. at 1148. Similarly, in Gonzalez v. Sch.

Bd., 571 F. Supp. 2d 1257 (S.D. Fla. 2008), a school board

denied recognition to a GSA, claiming it would promote

“unhealthy premature sexualization of students.” Id. at

1263. The court found this argument “speculative at best

and clearly without evidentiary support,” recognizing that

discussions of different identities do not inherently contain

sexual content. Id. at 1266-67.

The Montgomery County school board correctly

determined that these storybooks represent pedagogically

sound literature that belongs in the general language arts

curriculum. Accepting Petitioners’ mischaracterization

would mean endorsing a harmful double standard that

should have no place in public education.

27

IV. Petitioners’ requested relief of a mandated noticeand-opt-out requirement for the five requested

books threatens to sweep far more broadly.

A constitutionally required notice-and-opt-out

requirement for any teacher’s use of the five storybooks

challenged here risks far broader consequences.

Petitioners’ request for notice-and-opt-outs would be

implicated in a long list of day-to-day instances, chilling

ordinary references to the LGBTQ families and people

that exist in this community. The opt-out threatens

curricular references to LGBTQ people beyond these

five books into the K-5 classrooms, such as drawing and

displaying a family picture that is then discussed by the

teacher. Leaving the storybooks on classroom shelves and

allowing students to select books for personal reading, as

Petitioners suggest, could likewise lead to communication

with the classroom teacher about the contents of the

storybooks, and therefore would involve the same

questions of required notice-and-opt-out advanced by the

Petitioners here.

The absence of clarity as to when the notice-and-optout requirement would apply, under pain of constitutional

lawsuits, undercuts teachers’ focus on education and

teaching. It all but assures future litigation as case-bycase references to LGBTQ families and people arise in

school settings. And there is no factual record here to

assist lower courts in interpreting any precedent set

in this case. See Mahmoud v. Taylor, 102 F.4th 191,

208-09 (4th Cir. 2024) (the record does not provide “any

information about how any teacher or school employee

has actually used any of the Storybooks . . . . how often

the Storybooks are actually being used, what any child

28

has been taught in conjunction with their use, or what

conversations have ensued about their themes.”).

Beyond the chilling effect of Petitioners’ request for

notice-and-opt-outs, a constitutional mandate applied to

curriculum would require continued judicial review of

day-to-day educational policy crafted at the local level.

Mahmoud, 102 F.4th at 208-09. And while Amici do

not believe this is Petitioners’ intention, the inescapable

message to students of creating a special LGBTQ-only

opt-out—in a curriculum that otherwise depicts a wide

variety of communities and beliefs—is that LGBTQ

people and families are particularly objectionable, and sit

outside the broader project of civility and pluralism that

the Mongomery County school board is working to foster.

29

CONCLUSION

For the above-stated reasons, Amici respectfully

request that the order below be affirmed.

Respectfully submitted,

Kimberly A. Havlin

Nikita E. A sh

Robert J. DeNault

White & Case LLP

1221 Avenue of the Americas

New York, NY 10020

Mary L. Bonauto

Counsel of Record

Gary D. Buseck

Patience Crozier

Hannah Hussey

Courtney Dougherty

GLBTQ Legal A dvocates

& Defenders

18 Tremont Street, #950

Boston, MA 02108

(617) 388-5521

mbonauto@glad.org