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On December 30, 2025, the United States District Court for the District of Massachusetts (the “Court”) issued a preliminary injunction in Alan L. v. Lexington Public Schools.  The Court granted a parent’s request to opt his kindergarten student out of instruction that includes books with LGBTQ+ themes and “that depict or describe LGBTQ+ characters, relationships, or activities, or LGBTQ+ political or social advocacy.”

The Parent originally requested to opt out the child “from ANY DEI curriculum” in addition to excusing him from health class. Lexington and the Parent then had some back-and-forth communication, and the Parent asked for his child to be exempted “from lessons, events, school assemblies or other instructional activities and programs which cover issues of sexual orientation or gender identity, pursuant to the U.S. Supreme Court’s decision in Mahmoud v. Taylor.”  Lexington rejected the request outlining that it did not identify the specific required curriculum or instructional material at issue and was too overbroad.  Lexington asked the Parent to identify the specific lessons and materials of the opt-out. 

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