Read more at LGBTQ Nation.
As the Trump administration continues to curtail federal education protections – with particular cruelty aimed at LGBTQ+ students – lawmakers in Maryland have advanced a sweeping bill to protect marginalized students against discrimination in virtually all educational institutions in the state.
H.B. 649, named the Advancing Equal Educational Opportunities for All Students in Maryland Act, creates stronger enforcement mechanisms against “discrimination and retaliation” based on “race, color, national origin, ethnicity, ancestry, religion, sex, pregnancy, sexual orientation, gender identity, disability, age, or marital status.”
The legislation allows students and families to report discrimination to either the state superintendent or the Maryland Commission on Civil Rights to investigate. It also gives students and families the right to sue an educational institution directly. It broadly defines an educational institution as any pre-K program, elementary school, secondary school, institution of postsecondary education, institution of higher education, or any other program that culminates in a certificate, diploma, or degree.
The bill also says that the state may withhold funding from a school in violation of the anti-discrimination protections and may also withhold funding if a school does not remedy the problem once it’s found.
Cleveland Horton II, the executive director of the Maryland Commission on Civil Rights, told Fox Baltimore that the bill is “about making sure that when Maryland students experience discrimination, there is a clear, reliable, and timely place to turn at the state level.”
“This bill addresses a state-level enforcement gap in education discrimination, particularly in higher education. This bill is not intended to replace the Office of Civil Rights, but again, to provide a state-level parallel safeguard, and to reduce the over-reliance on the federal capacity.”
In written testimony in favor of the bill, the ACLU of Maryland emphasized that passage is “urgent.”
“When the current president was inaugurated in January 2026, there were over 270 pending complaints from Maryland residents through OCR [The federal Office for Civil Rights]. Many or perhaps most of these cases have already been dismissed without an investigation. With the dismantling of USDE and OCR, Maryland must fill the gap to ensure that the civil rights of all Maryland students are protected and upheld.”
The ACLU also pointed out that current Maryland anti-discrimination law does not cover students in higher education: “These students must rely on federal anti-discrimination laws. And with the aforementioned changes at the federal level, Maryland families have fewer practical options for filing complaints with the OCR.”
Religious institutions, on the other hand, have expressed concern.
“We are deeply concerned that H.B. 649 proposes that religious and faith-based schools would have their decisions judged by a State commission that will not respect or consider the sincerely held religious beliefs of the school or, accordingly, their constitutional rights,” the Maryland Catholic Conference said in written testimony, according to Fox Baltimore. “Allowing a commission that is unrelated to educational practices and procedures to literally police faith-based schools regarding broad terms of discrimination, potentially resulting in a cause of action which could result in compensatory or punitive monetary damages, is clearly unconstitutional and an overreach.”
Nevertheless, the bill passed the state House of Delegates 100-35 and is now being considered in the state Senate.
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