USCA4 Appeal: 23-1890 Doc: 105-1 Filed: 10/31/2023 Pg: 1 of 31
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`No. 23-1890
`_________________________
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`IN THE UNITED STATES COURT OF APPEALS
`FOR THE FOURTH CIRCUIT
`_________________________
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`TAMER MAHMOUD, et al.,
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`Plaintiff-Appellants,
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`v.
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`MONIFA B. MCKNIGHT, et al.,
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`Defendants-Appellees.
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`_________________________
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`On Appeal from the United States District Court for the District of Maryland
`(Hon. Deborah L. Boardman, District Judge)
`_________________________
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`BRIEF OF MARYLAND, MASSACHUSETTS, CALIFORNIA,
`CONNECTICUT, DELAWARE, THE DISTRICT OF COLUMBIA,
`HAWAI‘I, ILLINOIS, MAINE, MICHIGAN, MINNESOTA, NEVADA,
`NEW YORK, NEW JERSEY, OREGON, PENNSYLVANIA,
`RHODE ISLAND, VERMONT, AND WASHINGTON
`AS AMICI CURIAE SUPPORTING DEFENDANTS-APPELLEES
`_________________________
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`
`ANDREA JOY CAMPBELL
`Attorney General of Massachusetts
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`
`ADAM M. CAMBIER
`Assistant Attorney General
`One Ashburton Place
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`Boston, Massachusetts 02108
`(617) 963-2278
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`adam.cambier@mass.gov
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`Counsel for the Commonwealth of
` Massachusetts
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`ANTHONY G. BROWN
`Attorney General of Maryland
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`JOSHUA M. SEGAL
`Assistant Attorney General
`200 Saint Paul Place, 20th Floor
`Baltimore, Maryland 21202
`(410) 576-7446
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`jsegal@oag.state.md.us
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`Counsel for the State of Maryland
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`October 31, 2023
`(Additional counsel listed on signature page)
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`TABLE OF CONTENTS
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`Page
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`INTERESTS OF AMICI CURIAE ...................................................................................... 1
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`ARGUMENT ....................................................................................................................... 2
`
`I.
`
`ALL STUDENTS BENEFIT FROM SAFE AND SUPPORTIVE SCHOOLS THAT
`FOSTER AN INCLUSIVE ENVIRONMENT. ................................................................... 2
`
`A.
`
`B.
`
`All Students Benefit from Supportive and Inclusive Schools. ........... 3
`
`LGBTQ+ Youth Face Unique Struggles That Can Be
`Addressed Through a Supportive and Inclusive School
`Environment. ...................................................................................... 7
`
`II.
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`THE COUNTY’S USE OF THE BOOKS AT ISSUE PERMISSIBLY FOSTERS
`TOLERANCE AND PREPARES CHILDREN FOR A DIVERSE WORLD. .......................... 11
`
`A.
`
`B.
`
`C.
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`States Possess Broad Discretion to Shape School Policies to
`Promote Tolerance and Respect for Others. .................................... 12
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`States’ and Schools’ Broad Educational Discretion
`Encompasses Policies Like the County’s. ........................................ 15
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`The County’s Efforts Here Do Not Burden Religious Exercise
`or Violate Maryland Law. ................................................................ 18
`
`CONCLUSION ................................................................................................................. 22
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`CERTIFICATE OF COMPLIANCE ................................................................................. 24
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`CERTIFICATE OF SERVICE .......................................................................................... 25
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`TABLE OF AUTHORITIES
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`Cases
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`Page
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`Ambach v. Norwick, 441 U.S. 68 (1979) ..................................................................... 12, 16
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`Bailey v. Virginia High Sch. League, Inc., 488 F. App’x 714 (4th Cir. 2012) .................. 15
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`Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986) ........................................ 13
`
`Blau v. Fort Thomas Pub. Sch. Dist., 401 F.3d 381 (6th Cir. 2005) ................................. 15
`
`Board of Educ., Island Trees Union Free Sch. Dist. No. 26 v. Pico,
` 457 U.S. 853 (1982) .............................................................................................. 14, 18
`
`Brown v. Board of Education, 347 U.S. 483 (1954) ............................................... 1, 12, 22
`
`Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520 (1993) ........................ 20
`
`Edwards v. Aguillard, 482 U.S. 578 (1987) ...................................................................... 14
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`Epperson v. Arkansas, 393 U.S. 97 (1968) ....................................................................... 14
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`Fulton v. City of Philadelphia, 141 S. Ct. 1868 (2021) .................................................... 20
`
`Herndon v. Chapel Hill-Carrboro City Board, 89 F.3d 174 (4th Cir. 1996) .................... 15
`
`Hugger v. Rutherford Inst., 94 F. App’x 162 (4th Cir. 2004). .......................................... 14
`
`Immediato v. Rye Neck Sch. Dist., 73 F.3d 454 (2d Cir. 1996) ......................................... 15
`
`Littlefield v. Forney Indep. Sch. Dist., 268 F.3d 275 (5th Cir. 2001) ............................... 15
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`Mahanoy Area Sch. Dist. v. B.L., 141 S. Ct. 2038 (2021) ................................................... 3
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`McCollum v. Board of Ed. of Sch. Dist. No. 71, 333 U.S. 203 (1948) .............................. 13
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`Mozert v. Hawkins County Bd. of Educ., 827 F.2d 1058 (6th Cir. 1987) ......................... 18
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`Parker v. Hurley, 514 F.3d 87 (1st Cir. 2008) ............................................................ 18, 19
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`San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1 (1973) ........................................ 12
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`School Dist. of Abington Township v. Schempp, 374 U.S. 203 (1963) ............................. 13
`
`ii
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`Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969) ................................ 14
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`Wisconsin v. Yoder, 406 U.S. 205 (1972) .......................................................................... 14
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`
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`Statutes
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`Mass. Gen. Laws ch. 69, § 1P ............................................................................................. 4
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`Mass. Gen. Laws ch. 76, § 5 .............................................................................................. 16
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`Md. Code Ann., Educ. § 2-205(e) (LexisNexis 2022) ...................................................... 18
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`Md. Code Ann., Educ. § 4-205(c)(2) (LexisNexis 2022) .................................................. 18
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`Md. Code Ann., Educ. § 4-205(c)(3) (LexisNexis 2022) .................................................. 18
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`Md. Code Ann., Educ. § 7-424 (LexisNexis 2022) ........................................................... 17
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`Md. Code Ann., Educ. § 7-424.1 (LexisNexis 2022) ........................................................ 17
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`Md. Code Ann., Educ. § 26-704 (LexisNexis 2022) ......................................................... 17
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`
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`Regulations
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`COMAR 13A.01.05.11 ...................................................................................................... 18
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`COMAR 13A.04.18.01A-C ............................................................................................... 21
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`COMAR 13A.04.18.01B ................................................................................................... 21
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`COMAR 13A.04.18.01D(2)(e)(ii) ..................................................................................... 21
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`
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`Miscellaneous
`
`Am. Psychological Ass’n, Safe and Supportive Schools Project (2014),
`https://www.apa.org/pi/lgbt/programs/safe-supportive ................................................. 3
`
`iii
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`Amy L. Masko et al., Teaching for Equity in the Milieu of White Fragility: Can
`Children’s Literature Build Empathy and Break Down Resistance?, 19(1-2)
`Curriculum and Teaching Dialogue 55 (2017), https://www.proquest.com/
`openview/dffc7a68bd1431ffa4dcc1847720fe14............................................................ 7
`
`Movement Advancement Project, Equality Maps: Safe Schools Law (2022),
`https://www.lgbtmap.org/equality-maps/safe_school_laws ........................................ 16
`
`Hannah Clingan, Utilizing Mirrors and Windows in Elementary Literacy to
`Build Identity and Empathy, 1(1) Innovations and Critical Issues in Teaching
` and Learning 23 (2020), https://cornerstone.lib.mnsu.edu/icitl/
`vol1/iss1/2 ...................................................................................................................... 5
`
`Jack K. Day et al., Safe and Supportive Schools for LGBT Youth: Addressing
` Educational Inequities Through Inclusive Policies and Practices, 74 Journal of
`School Psychology 29 (June 2019), https://doi.org/10.1016/
`j.jsp.2019.05.007 .......................................................................................................... 11
`
`Jenna Howard Terrell et al., Conceptualizing and Measuring Safe and Supportive
`Schools, 24 Contemporary Sch. Psychology 327 (Aug. 2020),
`https://www.researchgate.net/publication/343619376_Conceptualizing_
`and_Measuring_Safe_and_Supportive_Schools............................................................ 3
`
`Joseph G. Kosciw et al., GLSEN, The 2021 National School Climate Survey:
` The Experiences of LGBTQ+ Youth in Our Nation’s Schools (2022),
`https://www.glsen.org/sites/default/files/2022-10/NSCS-2021-
`Full-Report.pdf. ................................................................................................ 7, 8, 9, 10
`
`Linda Darling-Hammond et al., Implications for Educational Practice of the
` Science of Learning and Development, 24 Applied Developmental Sci. 97
` (Feb. 17, 2019), https://doi.org/10.1080/10888691.2018.1537791. ............................. 4
`
`M. D. Resnick et al., Protecting Adolescents from Harm. Findings from the
` National Longitudinal Study on Adolescent Health, 278 J. Am. Med. Ass’n
` 823 (Sept. 10, 1997), https://pubmed.ncbi.nlm.nih.gov/9293990 ............................ 5, 6
`
`Marina Feijo et al., Improving School Outcomes for Transgender and
`Gender-Diverse Youth: A Rapid Review, 9(1) Policy Insights from the
` Behavioral and Brain Sciences 27 (2022), https://journals.sagepub.com
`/doi/abs/ 10.1177/23727322211068021 ......................................................................... 5
`
`Mary Ellen Flannery, Why We Need Diverse Books, NEA Today (Oct. 26, 2020),
`https://www.nea.org/nea-today/all-news-articles/why-we-need-diverse-books ........ 5, 6
`
`iv
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`Maryland State Department of Education, Model Policy: Bullying, Harassment, or
`Intimidation (2021), https://marylandpublicschools.org/about/Documents/
`DSFSS/SSSP/Bullying/MarylandsModelPolicyBullying Harassment
`Intimidation.pdf ............................................................................................................ 17
`
`Nat’l Ctr. on Safe Supportive Learning Environments, About (2022),
`https://safesupportivelearning.ed.gov/about. ................................................................. 3
`
`Nhan L. Truong et al., GLSEN, Erasure and Resilience: The Experiences of
` LGBTQ Students of Color—Black LGBTQ Youth in U.S. Schools (2020),
`https://www.glsen.org/research/black-lgbtq-students. ................................................... 8
`
`Office of Elementary and Secondary Education, U. S. Dep’t of Education,
`Safe & Supportive Schools, (2023), https://oese.ed.gov/offices/office-of-
`formula-grants/safe-supportive-schools/ ........................................................................ 3
`
`Riley J. Steiner et al., Adolescent Connectedness and Adult Health Outcomes,
` 144(1) Pediatrics 1 (Jul. 1, 2019), https://doi.org/10.1542/peds.2018-3766 ................ 6
`
`Russell M. Viner et al., Adolescence and the Social Determinants of Health,
` 379(9826) Adolescent Health 1641 (Apr. 28, 2012),
`https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(12)
`60149-4/fulltext .............................................................................................................. 5
`
`Stephanie M. Jones et al., Promoting Social and Emotional Competencies in
` Elementary School, 27(1) The Future of Children 49 (Spring 2017),
`https://files.eric.ed.gov/fulltext/EJ1144815.pdf. ............................................................ 7
`
`The Trevor Project, 2023 National Survey on the Mental Health of LGBTQ
` Young People (2023), https://www.thetrevorproject.org/survey-2023/........................ 8
`
`Timothy V. Rasinski et al., Multicultural Learning Through Children’s
`Literature, 67 Language Arts 576 (1990), https://www.proquest.com/
`docview/196891107 ....................................................................................................... 6
`
`Tyler Hatchel et al., Peer Victimization and Suicidality Among LGBTQ Youth:
`The Roles of School Belonging, Self-Compassion, and Parental Support,
`16(2) Journal of LGBT Youth 134 (2019), https://doi.org/10.1080/
`19361653.2018.1543036 ................................................................................................ 9
`
`Wojciech Kaczkowski et al., Examining the Relationship Between
`LGBTQ-Supportive School Health Policies and Practices and Psychosocial
`Health Outcomes of Lesbian, Gay, Bisexual, and Heterosexual Students,
`9(1) LGBT Health 43 (Jan. 2022), https://doi.org/10.1089/lgbt.2021.0133 ................ 11
`
`v
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`INTERESTS OF AMICI CURIAE
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`Amici States—Maryland, Massachusetts, California, Connecticut, Delaware,
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`the District of Columbia, Hawai‘i, Illinois, Maine, Michigan, Minnesota, Nevada,
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`New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and
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`Washington—file this brief pursuant to Federal Rule of Appellate Procedure
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`29(a)(2) because we share sovereign and compelling interests in making schools safe
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`and inclusive places for all students. Defendants-Appellees the Montgomery County
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`Board of Education (“the County”) and its members, like other school authorities
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`around the country, are charged with one of government’s most important functions:
`
`nurturing successive generations of children into capable citizens of a diverse but
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`unified nation. Recognizing the importance of this responsibility, courts (including
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`this Court) have long afforded state and local governments significant discretion to
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`craft school policies in order to best serve this goal, so long as they act within the
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`constraints of state and federal law.
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`Amici States respectfully submit this brief to provide factual and legal context
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`for the County’s incorporation of LGBTQ+-inclusive books into its language arts
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`curriculum. Efforts such as this are supported by social science research
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`demonstrating that supportive and inclusive school environments are critically
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`important for all students, and for LGBTQ+ students in particular. Far from
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`constituting “sex education,” the County’s use of the books enables LGBTQ+
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`students to see people like them in books read in school, and accustoms other
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`students to people, family structures, and relationships to which they might not
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`otherwise be exposed. These efforts fall well within states’ and schools’ broad
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`discretion to shape their curricula, and they raise no constitutional concerns.
`
`ARGUMENT
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`I.
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`ALL STUDENTS BENEFIT FROM SAFE AND SUPPORTIVE SCHOOLS
`THAT FOSTER AN INCLUSIVE ENVIRONMENT.
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`States have a strong interest in fostering safe and supportive schools for all
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`children to learn, thrive, and grow into contributing members of our society. Safe
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`and supportive school environments that nurture the whole student and promote a
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`sense of belonging are a crucial component of student success, in terms of both
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`academic outcomes and student well-being. Safe, supportive, and inclusive school
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`environments are particularly important for LGBTQ+ youth. These youth often
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`experience discrimination, harassment, and stigma, causing tangible mental and
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`physical harm and restricting their ability to realize their potential. Conversely,
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`robust data confirm that LGBTQ+ students who feel supported and included at
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`school are happier, healthier, and more academically successful. The experiences
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`of Amici States and other jurisdictions show that policies and practices that support
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`all facets of students’ identities are beneficial for all students, including and
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`especially LGBTQ+ youth.
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`2
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`A. All Students Benefit from Supportive and Inclusive Schools.
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`Courts have recognized that states’ responsibility to provide public education
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`encompasses the duty to “protect” students from harm. Mahanoy Area Sch. Dist. v.
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`B.L., 141 S. Ct. 2038, 2046 (2021). In light of the vast influence that education has
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`over the trajectory of an individual’s life, it is essential that states provide students
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`with a safe and inclusive educational environment that allows them to succeed and
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`thrive.
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`Amici States and other governmental institutions,1 as well as medical and
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`educational organizations,2 have recognized that physically and psychologically safe
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`schools are indispensable to obtaining optimal health and educational outcomes for
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`all students. While there is no exhaustive list of elements constituting a safe and
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`supportive educational environment, research has emphasized both physical safety
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`and security alongside emotional well-being, connectedness of staff and students,
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`and norms and policies. 3 This framework is heavily supported by extensive
`
`
`1 See, e.g., Office of Elementary and Secondary Education, U. S. Dep’t of
`Education, Safe & Supportive Schools, (2023), https://oese.ed.gov/offices/office-of-
`formula-grants/safe-supportive-schools/; Nat’l Ctr. on Safe Supportive Learning
`Environments, About (2022), https://safesupportivelearning.ed.gov/about.
`2 See, e.g., Am. Psychological Ass’n, Safe and Supportive Schools Project
`(2014), https://www.apa.org/pi/lgbt/programs/safe-supportive.
`3 Jenna Howard Terrell et al., Conceptualizing and Measuring Safe and
`Supportive Schools, 24 Contemporary Sch. Psychology 327, 327-29 (Aug. 2020),
`https://www.researchgate.net/publication/343619376_Conceptualizing_
`and_Measuring_Safe_and_Supportive_Schools.
`
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`3
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`developmental science and neuroscience research affirming that educational
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`environment and school culture influence many facets of a child’s development,
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`including social-emotional and academic learning.4 In contrast, the experience of
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`fear or anxiety weakens a child’s cognitive capacity and disrupts the learning
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`process. In essence, evidence shows that without physical and psychological safety,
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`students’ ability to learn is impeded at a physiological level.5 Accordingly, safe and
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`supportive school environments allow students to develop positive relationships,
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`regulate their emotions and behavior, and maintain physical and psychological well-
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`being—which, in turn, contribute to academic and non-academic success.6
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`Allowing students to see diverse perspectives and ways of life reflected in the
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`curriculum is an important part of establishing this well-being and attaining
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`educational objectives for all students. Critically, literature can serve as a “mirror”
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`for students belonging to various minority groups. If students do not see themselves
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`reflected on the page, they may believe their experience does not matter compared
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`to those of their better-represented peers. By contrast, reading stories about people
`
`
`4 See Linda Darling-Hammond et al., Implications for Educational Practice
`of the Science of Learning and Development, 24 Applied Developmental Sci. 97, 97-
`98 (Feb. 17, 2019), https://doi.org/10.1080/10888691.2018.1537791.
`5 Id. at 102.
`6 Mass. Gen. Laws ch., 69 § 1P.
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`4
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`like themselves is both personally validating and academically engaging.7 Students
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`who are able to read “mirroring” literature at school tend to become better readers
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`and achieve higher proficiency across all school subjects; conversely, when “mirror”
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`literature is lacking, students who do not see themselves may feel a diminished sense
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`of belonging and connectedness in their school community and may see their
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`academic outcomes suffer as a result.8
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`The sense of connectedness to their school that students get from seeing
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`themselves reflected in books and the academic curriculum affects much more than
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`just academic achievement.9 More than two decades of research has demonstrated
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`that school connectedness directly promotes positive outcomes and buffers the
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`negative effects of risk factors related to mental health, violence, sexual behavior,
`
`
`7 Mary Ellen Flannery, Why We Need Diverse Books, NEA Today (Oct. 26,
`2020),
`https://www.nea.org/nea-today/all-news-articles/why-we-need-diverse-
`books.
`8 Hannah Clingan, Utilizing Mirrors and Windows in Elementary Literacy to
`Build Identity and Empathy, 1(1) Innovations and Critical Issues in Teaching and
`Learning 23, 27-28
`(2020), https://cornerstone.lib.mnsu.edu/icitl/vol1/iss1/2
`(collecting additional studies).
`9 Russell M. Viner et al., Adolescence and the Social Determinants of Health,
`379(9826) Adolescent Health 1641, 1641-52 (Apr. 28, 2012), https://www.
`thelancet.com/journals/lancet/article/PIIS0140-6736(12)60149-4/fulltext; M. D.
`Resnick et al., Protecting Adolescents from Harm. Findings from the National
`Longitudinal Study on Adolescent Health, 278 J. Am. Med. Ass’n 823, 823-32 (Sept.
`10, 1997), https://pubmed.ncbi.nlm.nih.gov/9293990; Marina Feijo et al., Improving
`School Outcomes for Transgender and Gender-Diverse Youth: A Rapid Review, 9(1)
`Policy Insights from the Behavioral and Brain Sciences 27, 27-34 (2022), https://
`journals.sagepub.com/doi/abs/10.1177/23727322211068021.
`
`
`
`5
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`and substance use.10 Recent work has demonstrated that the influence of school
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`connectedness experienced as an adolescent continues to impact students as they
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`become adults, resulting in reduced emotional distress and suicidal ideation, a lower
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`likelihood of physical violence victimization and perpetration, and less prescription
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`or illicit drug use in adulthood.11
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`The benefits of using inclusive books in school curricula also reach more
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`broadly. Just as books can serve as “mirrors” for students belonging to minority
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`groups, they can serve as “windows” for those students’ peers, giving them insight
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`into the experiences of other people and teaching them lessons about empathy,
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`compassion, and community. 12 Beyond merely portraying the contributions or
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`cultures of minority groups, stories told from the perspective of members of those
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`groups help children better understand connections between everyone in society and
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`set them up to become caring individuals who are better able to act on their values.13
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`Indeed, cognitive science and neuroscience studies suggest that reading fiction about
`
`
`10 Riley J. Steiner et al., Adolescent Connectedness and Adult Health
`Outcomes, 144(1) Pediatrics 1, 1-11 (Jul. 1, 2019), https://doi.org/10.1542/peds.
`2018-3766; M. D. Resnick et al., supra note 9, at 831-32.
`11 Id.
`12 Flannery, supra note 7.
`13 Timothy V. Rasinski et al., Multicultural Learning Through Children’s
`Literature, 67 Language Arts 576, 576-80 (1990), https://www.proquest.com/
`docview/196891107.
`
`
`
`6
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`the experiences of diverse people boosts readers’ brain capacity to put themselves in
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`the shoes of others.14 And students who are able to develop social and emotional
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`skills such as these reap meaningful benefits throughout their lives; as children, they
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`are better able to manage negative emotions and conflict and achieve better grades
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`and higher test scores, and as adults, they may experience better job and financial
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`security and improved overall physical and mental health.15
`
`B.
`
`LGBTQ+ Youth Face Unique Struggles That Can Be Addressed
`Through a Supportive and Inclusive School Environment.
`
`Providing a safe, supportive, and inclusive school environment is especially
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`important to LGBTQ+ youth, who experience levels of discrimination and violence
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`higher than their peers.16 In one 2022 study, 68% of LGBTQ+ students reported
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`feeling unsafe at school because of their sexual orientation or gender identity, and
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`close to 90% reported hearing homophobic language used by their peers. 17
`
`
`14 Amy L. Masko et al., Teaching for Equity in the Milieu of White Fragility:
`Can Children’s Literature Build Empathy and Break Down Resistance?, 19(1-2)
`Curriculum and Teaching Dialogue 55, 59-60 (2017), https://www.proquest.com/
`openview/dffc7a68bd1431ffa4dcc1847720fe14.
`15 Stephanie M. Jones et al., Promoting Social and Emotional Competencies
`in Elementary School, 27(1) The Future of Children 49, 50 (Spring 2017),
`https://files.eric.ed.gov/fulltext/EJ1144815.pdf.
`16 Joseph G. Kosciw et al., GLSEN, The 2021 National School Climate
`Survey: The Experiences of LGBTQ+ Youth in Our Nation’s Schools xv-xvii, 83, 93
`(2022), https://www.glsen.org/sites/default/files/2022-10/NSCS-2021-Full-Report.
`pdf.
`
`17 Id. at xv-xvi.
`
`
`
`7
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`According to a 2023 mental health survey, 60% of LGBTQ+ youth respondents
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`reported being discriminated against because of their sexual orientation or gender
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`identity. 18 Indeed, a majority of LGBTQ+ youth in this survey reported
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`experiencing verbal harassment, while significant fractions reported being
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`disciplined for standing up to bullies or being subjected to unwanted sexual contact
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`because of their LGBTQ+ status.19 Additionally, LGBTQ+ students of color and
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`students with disabilities face compounded levels of discrimination based on their
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`intersecting identities.20 This discrimination, violence, and harassment has been
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`shown to reduce LGBTQ+ students’ sense of connection to their schools and their
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`own sense of belonging as compared to other students.21
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`Negative treatment based on sexual orientation or gender identity and
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`expression in educational settings can result in severe health consequences for
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`LGBTQ+ youth. As a result of societal stigma and mistreatment, majorities of
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`LGBTQ+ youth report experiencing depression and anxiety.22 Moreover, 41% of
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`18 The Trevor Project, 2023 National Survey on the Mental Health of LGBTQ
`Young People (2023), https://www.thetrevorproject.org/survey-2023/.
`19 Id.
`20 See, e.g., Nhan L. Truong et al., GLSEN, Erasure and Resilience: The
`Experiences of LGBTQ Students of Color—Black LGBTQ Youth in U.S. Schools
`(2020), https://www.glsen.org/research/black-lgbtq-students.
`21 Kosciw et al., supra note 16, at xix-xx.
`22 The Trevor Project, supra note 18.
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`LGBTQ+ youth have seriously considered suicide in the past year, with 14%
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`actually attempting suicide—and these figures rise for transgender or nonbinary
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`youth and for LGBTQ+ youth of color.23 Negative school environments exacerbate
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`these problems, as LGBTQ+ students who report experiencing victimization or
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`discrimination at school are likelier to have low self-esteem or to suffer from
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`depression. 24 Indeed, longitudinal studies establish direct connections between
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`victimization of LGBTQ+ youth at school and the development of depressive
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`symptoms and other significant mental health issues. 25 And studies have also
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`connected peer victimization and lower levels of school belonging to increased
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`suicidality among LGBTQ+ youth.26
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`Discrimination, harassment, and stigma based on sexual orientation or gender
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`identity also detrimentally impact LGBTQ+ students’ academic outcomes.
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`LGBTQ+ students who experience high levels of victimization or who experience
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`23 Id.
`24 Kosciw et al., supra note 16, at xviii-xx.
`25 Tyler Hatchel et al., Sexual Harassment Victimization, School Belonging,
`and Depressive Symptoms Among LGBTQ Adolescents: Temporal Insights, 88(4)
`American Journal of Orthopsychiatry 422, 426-27 (2018), http://dx.doi.org/10.1037/
`ort0000279.
`26 Tyler Hatchel et al., Peer Victimization and Suicidality Among LGBTQ
`Youth: The Roles of School Belonging, Self-Compassion, and Parental Support,
`16(2) Journal of LGBT Youth 134, 147-48 (2019), https://doi.org/10.1080/
`19361653.2018.1543036.
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`discrimination are significantly more likely to miss school, have lower GPAs, and
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`report feeling less connected to their school communities. 27 Close to 80% of
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`LGBTQ+ youth report avoiding school functions or extracurricular activities
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`because they feel unsafe or uncomfortable at school.28 These negative outcomes
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`echo throughout students’ lives; LGBTQ+ students who experience high levels of
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`victimization because of their sexual orientation or gender identity are only half as
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`likely to report plans to pursue post-secondary education like college or trade
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`school.29
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`Conversely, LGBTQ+ students who experience increased affirmation,
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`acceptance, and inclusion at school enjoy significantly improved mental health and
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`academic outcomes. One survey found that LGBTQ+ students who have access to
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`supportive school staff, gay-straight alliances, inclusive school policies, and (as
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`especially relevant here) curricula that included LGBTQ+ topics heard fewer
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`homophobic remarks at school, experienced less discrimination, were less likely to
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`miss school, reported a better sense of belonging and connection and school, and had
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`more plans to pursue post-secondary education.30 Moreover, these students also
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`27 Kosciw et al., supra note 16, at xviii-xx.
`28 Id. at xv.
`29 Id. at xix.
`30 Id. at xx-xxiv.
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`enjoyed better psychological well-being, reporting higher self-esteem and lower
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`rates of depression or suicidality.31 Analyses of differences in policies and outcomes
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`across various school systems have similarly revealed that LGBTQ+ students at
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`schools with supportive policies concerning sexual orientation and gender identity
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`had more positive experiences, better perceptions of the school environment, and
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`reduced truancy.32
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`II.
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`THE COUNTY’S USE OF THE BOOKS AT ISSUE PERMISSIBLY FOSTERS
`TOLERANCE AND PREPARES CHILDREN FOR A DIVERSE WORLD.
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`As explained above, all students benefit when schools are safe and inclusive
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`for LGBTQ+ students. Especially in that light, efforts like the County’s do not raise
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`constitutional or other concerns. States’ discretion in how they educate students is
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`broad; the County’s incorporation of LGBTQ+-inclusive books into its language arts
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`curriculum falls well within that discretion; and its policy of not allowing opt-outs
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`does not violate the Constitution or Maryland law.
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`31 Id.; see also, e.g., Wojciech Kaczkowski et al., Examining the Relationship
`Between LGBTQ-Supportive School Health Policies and Practices and
`Psychosocial Health Outcomes of Lesbian, Gay, Bisexual, and Heterosexual
`Students, 9(1) LGBT Health 43, 43-53 (Jan. 2022), https://doi.org/10.1089/lgbt.
`2021.0133.
`32 Jack K. Day et al., Safe and Supportive Schools for LGBT Youth:
`Addressing Educational Inequities Through Inclusive Policies and Practices, 74
`Journal of School Psychology 29, 29-43 (June 2019), https://doi.org/10.1016/
`j.jsp.2019.05.007.
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`A.
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`States Possess Broad Discretion to Shape School Policies to
`Promote Tolerance and Respect for Others.
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`Public schools play a foundational role in society. For decades, courts have
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`recognized that these institutions serve as states’ primary tool in raising successive
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`generations of citizens, providing them with t