A federal judge has ordered Lexington Public Schools to stop exposing a kindergarten student to LGBTQ-themed books after finding that the district likely violated the family’s First Amendment rights by refusing to allow a religious opt-out.

U.S. District Judge F. Dennis Saylor IV granted a preliminary injunction on Tuesday, December 30, ruling that Lexington cannot force a family to choose between sending their child to public kindergarten and subjecting him to materials that burden their religious beliefs.

“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, who was appointed by President George W. Bush, wrote in the order.

The lawsuit was brought by the Massachusetts Liberty Legal Center, in partnership with the American Center for Law and Justice, on behalf of a Lexington father identified in court filings as Alan L. The father says his Christian beliefs were violated when the district refused to honor his request to opt his five-year-old son out of classroom materials involving sexual orientation and gender identity.

The case stems from Lexington’s kindergarten curriculum, which includes books depicting same-sex relationships, Pride events, and gender nonconformity. The father had requested advance notice and an opt-out option for content he says conflicted with his religious beliefs, citing the U.S. Supreme Court’s 2024 ruling in Mahmoud v. Taylor.

In Mahmoud, the Supreme Court held that public schools must provide parents with notice and an opportunity to opt their children out of classroom instruction that threatens to undermine their sincerely held religious beliefs. Saylor ruled that Mahmoud “controls almost entirely” the Lexington case.

Under the injunction, Lexington Public Schools must ensure that the child is not exposed to any LGBTQ-themed books already identified in the lawsuit, including titles such as Families, Families, Families!, Prince and Knight, and This Day in June. The order also requires the district to identify any additional kindergarten materials that depict or describe LGBTQ characters, relationships, activities, or advocacy and provide those materials to the family for review.

The family should then be allowed to opt their child out of any additional content they believe burdens their religious beliefs, according to the order. The district must also provide reasonable alternative instruction during any time the child is removed from the classroom and is barred from retaliating against the student or his family.

“We are very grateful for this decision, which represents a major victory for parental rights across Massachusetts,” Massachusetts Liberty Legal Center counsel Sam Whiting said in a written statement. “Public school districts are now on notice that they cannot play fast and loose with constitutional protections for families without facing significant liability.”

Judge Saylor emphasized that the ruling is not a final decision on the merits of the case but said the father is likely to succeed on his First Amendment free exercise claim. The injunction will remain in effect while the lawsuit proceeds.

The judge rejected Lexington’s argument that kindergarten attendance is optional under Massachusetts law and therefore does not implicate constitutional concerns. He wrote that kindergarten is a “substantial and important government benefit” and that the state cannot condition access to that benefit on a family’s willingness to surrender religious rights.

A spokesman for Lexington Public Schools could not be immediately reached for comment on Thursday.