Federal judge orders Lexington schools to stop pushing LGBTQ content on kindergarteners

Friday, January 2, 2026
5 min read
MDN Staff
Federal judge orders Lexington schools to stop pushing LGBTQ content on kindergarteners

The case erupted after parents said their five-year-old was exposed to LGBTQ-themed books with no warning and no way to opt out.

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LEXINGTON — A federal judge has ordered Lexington Public Schools to stop reading LGBTQ-themed books to a kindergarten student after ruling the district likely violated the family’s First Amendment rights by refusing to allow a religious opt-out — a decision that could have statewide consequences for school districts enforcing rigid “no opt-out” policies.

The order was issued by U.S. District Judge F. Dennis Saylor IV, a longtime federal judge appointed by President George W. Bush, who found that the district crossed a constitutional line by denying the family any accommodation.

“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,” Saylor wrote in granting a preliminary injunction.

The case stems from a months-long controversy in Lexington over what parents say was not abstract inclusion, but specific kindergarten-facing material they found inappropriate for five-year-olds. As Mass Daily News previously reported, one major flashpoint involved the Pride-themed picture book This Day in June, which depicts a Pride parade scene including drag performers and adult parade imagery, including men wearing leather gear — visuals critics argue have no place in a kindergarten classroom.

Parents involved in the lawsuit stressed they were not seeking to ban books or dictate curriculum for other families. According to court filings detailed in earlier Mass Daily News coverage, they asked for advance notice and the ability to excuse their own child from material that conflicted with their religious beliefs.

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The school district refused.

That refusal is what sent the case to federal court.

In its order, the court ruled that public schools cannot impose contested social or ideological instruction on very young children while denying parents any meaningful opt-out, particularly when objections are grounded in religion.

Under the injunction, Lexington Public Schools must now opt the child out of all LGBTQ-related content, identify additional classroom materials that fall into that category, notify the parents, and allow opt-outs going forward. The order applies not only to books already flagged by the family, but also to future materials containing similar content.

“This represents a major victory for parental rights across Massachusetts,” said Sam Whiting, counsel for the family, in a statement announcing the ruling. “Public school districts are now on notice that they cannot play fast and loose with constitutional protections for families without facing significant liability.”

The injunction is not a final ruling on the merits, but the judge made clear the parents are likely to prevail — a signal that other districts with strict “no opt-out” policies may now be on shaky ground.

Supporters of the district argue that exposure to diverse families promotes tolerance. Critics counter that kindergarten is too young for schools to introduce Pride parade imagery — especially without parental consent.

The judge did not resolve that broader cultural debate. But the legal message was unmistakable: public schools may promote values, but they do not get to override parental rights.

For now, Lexington has been ordered to comply. Other districts would be wise to take note.

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Federal judge orders Lexington schools to stop pushing LGBTQ content on kindergarteners - Mass Daily News