Breaking News: Federal Judge Orders Lexington Public Schools to Opt Kindergartner Out of LGBTQ Books in Mahmoud-Precedent Case
Closing out 2025 with good news for MA parents, in Lexington and beyond.
2025 is winding down, and while this year has been a bit of a rollercoaster ride, we’re thrilled to finish it off with some wonderful news for Massachusetts parents! Read on for an exciting update, hot-off-the-press from the Massachusetts Liberty Legal Center.
Press Release
For Immediate Release: 12.31.25
Contact: Mariah Newell, contact@malibertylegal.org
Direct: 774.462.7043
Federal Judge Orders Lexington Public Schools to Opt Kindergartener Out of LGBTQ-Themed Books
Court finds likely violation of First Amendment free exercise rights
LEXINGTON, MA – A federal judge has ordered Lexington Public Schools to stop reading LGBTQ-themed books to a kindergarten student after ruling that the school district likely violated the family’s First Amendment rights by refusing to allow an opt-out based on religious objections.
In granting a preliminary injunction, Judge F. Dennis Saylor IV held that “under well-established constitutional principles, defendants cannot force plaintiff to choose between foregoing the valuable benefit of having his child attend public kindergarten and exposing his child to materials that would burden his free exercise of religion.”
The lawsuit was filed by the Massachusetts Liberty Legal Center, a public-interest law firm affiliated with Massachusetts Family Institute, in partnership with the American Center for Law and Justice. The case challenges Lexington Public Schools’ refusal to allow a five-year-old kindergartener to opt out of multiple LGBTQ-themed books that violated the Christian faith of the student’s family.
Lexington’s actions came despite the U.S. Supreme Court’s 2024 decision in Mahmoud v. Taylor, which held that public schools must provide parents with notice and an opportunity to opt out of curricular content that threatens to undermine their religious beliefs.
Under the court’s order, Lexington Public Schools must opt the child out of all content that “depicts or describes LGBTQ+ characters, relationships, or activities, or LGBTQ+ political or social advocacy.” Notably, the injunction applies not only to materials the family had already identified, but also requires the school district to identify any additional materials containing LGBTQ content and allow the family to opt out of those as well.
“We are very grateful for this decision, which represents a major victory for parental rights across Massachusetts,” said MLLC counsel Sam Whiting. “Public school districts are now on notice that they cannot play fast and loose with constitutional protections for families without facing significant liability.”
This may be the first court decision anywhere in the country addressing curriculum opt-out rights since Mahmoud. The injunction is not a final decision on the merits and remains in effect only during the pendency of the lawsuit. However, the ruling signals that the plaintiff is likely to succeed in his claims against the school district and that similar actions by other districts will produce similar results.
For more information regarding this lawsuit, please reach out to contact@malibertylegal.org.
To read the MLLC’s blog post about the latest development, click HERE.
To see our previous coverage of this case, click below.
The granting of this preliminary injunction is great news - not only for the Lexington family at the heart of this case, but for all Massachusetts parents of faith who have school-aged children. Going into 2026, schools are more on notice than ever that religious rights matter, even in public schools. That’s something to celebrate nationwide, and especially here in Massachusetts, where parents of faith have had an uphill battle for many years.
To learn more about the history of the opt out fight in Massachusetts and Mahmoud v. Taylor, the pivotal 2025 Supreme Court decision that underpins the Lexington case, read more here:
The news out of Lexington today is exciting, to be sure, but it’s not the only point of celebration we’ve had in the past year. Before the ball in Times Square drops, let’s take a quick look back at some other high notes and victories for the rights of Massachusetts parents and families in 2025.
Good news from MIP: Parents Standing Up!
In February, parents from Blackstone-Millville pushed back when their district approved a graphic new sex ed curriculum. The School Committee listened, and the program was revised. Read more here:
In April, when Burlington students whose parents had opted them out were given a survey containing shockingly graphic questions anyway, parents stood up! Federal legal complaints were filed, and the US Department of Education is currently investigating. The Burlington school committee has since passed a policy requiring additional scrutiny of all future surveys, and more parents are opting out than ever. Read our series here:
In October, when Plymouth Public Schools tried to fast-track a graphic new sex ed curriculum for 8th graders - and make it almost impossible for parents to review the lessons - Plymouth parents said NO. Thanks to parent pushback, the curriculum was delayed, changes were made, and the current curriculum is now on the PPS website. This issue is ongoing, but we are celebrating the progress these parents have already made. Read their inspiring story here:
MIP will be here in 2026 and beyond to track these stories, and help parents in more communities make a difference. When parents engage and speak up, changes can be made!
Good news from Massachusetts Liberty Legal Center: Parental and Religious Rights Protected!
In May, the MLLC played a key role in securing a landmark decision from the Massachusetts Supreme Judicial Court affirming that parents do not forfeit their constitutional right to direct the religious upbringing of their children simply because those children are involved with the child welfare system. The Court made clear that state interference with parental religious decision-making is subject to the highest level of constitutional scrutiny, reinforcing long-standing protections under both the Massachusetts Declaration of Rights and the First Amendment.
In October, the MLLC also successfully intervened on behalf of a first-grade student whose public school unlawfully prohibited him from bringing and sharing Christian books with classmates. After MLLC’s advocacy, the school reversed course and formally acknowledged that students may engage in religious expression on the same terms as secular expression, consistent with clearly established constitutional law.
In September, together with their partners at Alliance Defending Freedom and First and Fourteenth PLLC, the MLLC filed a federal lawsuit against officials at the Massachusetts Department of Children and Families on behalf of two Christian foster families. These families were denied the ability to continue fostering solely because of their religious beliefs regarding gender and sexuality. In mid-December, there was an important development in this case. DCF has now issued emergency revisions to its policies, removing language that expressly required foster parents to affirm a child’s claimed gender identity or sexual orientation. While this reversal represents a significant victory, the case remains ongoing. The MLLC will continue to litigate until DCF provides a clear and binding commitment that such unconstitutional discrimination will not recur.
These reports, taken from the MLLC blog, are only a few examples of the important wins they have brought about for Massachusetts citizens, parents, and families in 2025. Read their full 2025 recap post HERE.
Friends, we have so many reasons to be encouraged. We are so thankful for the progress made in 2025, and we are looking forward to more in 2026. Here’s to more equipping parents and protecting kids, in 2026 and beyond.
Happy New Year, from your friends at MIP!
Did you know that the Massachusetts Liberty Legal Center offers its services to parents for FREE? The legal victories and advocacy contained in this post could not have happened without the support of donors like you, and the MLLC needs your help to continue to stand up for parents in 2026 and beyond. The MLLC, and MIP, are missions of Massachusetts Family Institute, a non-partisan, non-profit public policy organization dedicated to strengthening families in Massachusetts. If you’ve never donated to our work before, could we count on your support? Click the button below to partner with us through a financial gift today.
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There has been an influx of LGBTQ+ (to infinity & beyond) content in children's & young adult publishing, which is inappropriately sexualised & full of ideological gender woo. Pastel pink & purple colour schemes on covers & blobby human figures seem to predominate.
It's good that parents are resisting: this is not censorship, but providing age appropriate reading & teaching materials.
This is excellent. I wonder if a lawsuit can be brought for all LGBTQ+++++++ flags, signs, days of silence with taped mouths etc that are constantly in hallways and classrooms. How about we focus on reading writing math science and history.