Father’s Religious Opt-Out Rights Upheld Over LGBTQ Kindergarten Books

BOSTON, MA – Last week, a federal judge granted a preliminary injunction to a Massachusetts father to opt out his five-year-old son from kindergarten story books depicting LGBTQ relationships that conflict with his religious beliefs. The injunction orders Lexington Public Schools and Joseph Estabrook Elementary School to “make reasonable efforts” to ensure the child is not taught or exposed to the books in any school setting. The court found that these materials burden the father’s First Amendment rights because they pose “a very real threat of undermining” the religious beliefs he wishes to instill in his child.

In Alan L. v. Lexington Public Schools, the father requested that school officials exempt his son from lessons and programs which cover issues of sexual orientation or gender identity. However, the district denied him stating the opt-out request was “overly broad” and refused to commit to provide him with advance notice of any LGBTQ content.

Despite his specific opt-out request, the district then exposed his child to the “read aloud” video book Families, Families, Families! by Suzanne Lang depicting anthropomorphized animals with same-sex parents. With legal help from the Massachusetts Liberty Legal Center and the American Center for Law and Justice, the father argued in court that he has the religious Free Exercise right to be alerted before these types of materials are shown to his son, and to opt his child out of classroom activities involving those materials.

In court, the father presented 10 books from the elementary school’s kindergarten curriculum, including All Are Welcome featuring LGBTQ+ families, Prince & Knight and Maiden & Princess telling same-sex romantic stories, and This Day in June depicting leather outfits and same-sex couples kissing.

U.S. District Judge F. Dennis Saylor IV wrote that the father was “likely to succeed on the merits of his First Amendment claim” noting the books depict content that many parents might find “provocative and inappropriate for young children.”

Judge Saylor based his ruling heavily on the U.S. Supreme Court’s 2025 Mahmoud v. Taylor decision that found compelling children to undergo LGBTQ-themed instruction without giving parents a choice to opt-out violates the First Amendment.

Directly citing Mahmoud, the opinion reads, “Parents must be permitted to opt their children out from lessons that ‘would substantially interfere with the religious development of the child or pose a very real threat of undermining the religious beliefs and practices the parent wishes to instill in the child.’”

The father is “likely to suffer irreparable harm in the absence of a preliminary injunction,” concluded Judge Saylor.

Liberty Counsel Founder and Chairman Mat Staver said, “This ruling reinforces that parents have the right to direct the religious upbringing of their children. Forcing children to be exposed to offensive instruction that is antithetical and hostile to their parents’ religious beliefs is unconstitutional. Parents have the First Amendment right to direct the education and provide for the welfare of their children free from government coercion that conflicts with their faith.”

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