We’ve been keeping you updated on Alan L. v. Lexington Public Schools, our lawsuit against Lexington for refusing to honor a Christian father’s request to opt his son out of LGBTQ+-themed storybooks. After we won a preliminary injunction for the father at the end of last year, the school still attempted to convince the court to dismiss our case. We are happy to report that last week, the judge refused to do so.
In his opinion, the judge reiterated that “[t]his case is controlled, almost in its entirety, by the recent decision of the United States Supreme Court in Mahmoud v. Taylor.” And as the Mahmoud case held, public schools must allow religious parents to opt their children out of content that interferes with their religious upbringing. In fact, the court held that this holding was so clear that Lexington’s principal and elementary education director were not entitled to “qualified immunity” for violating it – meaning they can be sued for money damages in their personal capacities. This decision sends an unmistakable warning to all public school administrators: ignoring parental rights to opt out of progressive ideology will cost you, not just your school.
The court also held that our complaint sufficiently alleged that the Lexington School Committee had sanctioned a policy of refusing parental opt outs or forcing parents to jump through hoops to get one. This means that the school district can be held liable for these violations, too.
The court dismissed the superintendent from the case and dismissed two of our legal claims based on legal technicalities. But the core claims regarding the father’s religious liberty rights will now move forward.
The writing is on the wall for Lexington. They gambled by blatantly ignoring the Supreme Court’s recent decision on parental rights, and now it looks more likely than ever that they will have to pay for this violation. This decision is another resounding victory for parents across the Commonwealth. We are grateful for the work of our partner in the case, the American Center for Law and Justice, and we will continue to keep you updated as the case progresses.