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A Lexington father is suing Lexington Public Schools, claiming that the school district violated his constitutional rights by exposing his kindergarten-age son to pro-homosexuality -themed storybooks despite a formal religious opt-out request. The case, Alan L. v. Lexington Public Schools et al., was filed in the U.S. District Court for the District of Massachusetts on October 17. Attorneys from the Massachusetts Liberty Legal Center and the American Center for Law and Justice represent the plaintiff. The complaint argues that the district violated the father’s rights to religious liberty and due process under both state and federal law. It states that the father submitted a letter before the school year requesting that his son be excused from classroom materials and lessons that conflict with the family’s Christian beliefs about marriage, sexuality, and gender. Lexington’s kindergarten curriculum includes books such as This Day In June, which depicts a Pride parade and bondage and sadomasochism imagery; You Have a Voice, which promotes pro-homosexuality activism; and Families, Families, Families, which tells students that “some children have two dads” and “some children have two mothers,” according to the complaint. The father says that the district failed to provide notice when these materials would be used and refused to honor his opt-out request. Instead, the district told him he would have to identify specific lessons to opt his child out of, but did not provide him access to curriculum materials that would allow him to do it. The lawsuit seeks declaratory, injunctive, and compensatory relief. It argues that the district’s actions violate the U.S. Supreme Court’s recent decision in Mahmoud v. Taylor, which held that parents have a First Amendment right to receive notice and opt their children out of classroom content that conflicts with their sincerely held religious beliefs. “When it comes to schools showing young children inappropriate materials that violate their family's religious beliefs, Lexington has been one of the chief offenders in Massachusetts,” Sam Whiting, counsel for Massachusetts Liberty Legal Center and Massachusetts Family Institute, told NewBostonPost via email. “Now, the Mahmoud decision gives us the tools we need to hold them accountable. We're bringing this first-of-its-kind lawsuit in Massachusetts to ensure that Lexington and schools across the Commonwealth take their obligation to respect parental rights seriously.” The lawsuit also cites Mahmoud v. Taylor as setting clear precedent that parents are constitutionally entitled to opt their children out of materials that “threaten to undermine their religious beliefs,” according to the Massachusetts Liberty Legal Center. The complaint contends that Lexington Public Schools’ refusal to accommodate the father’s request constitutes a violation of both the Massachusetts Declaration of Rights and the First and Fourteenth Amendments to the U.S. Constitution. The case was filed by both the Massachusetts Liberty Legal Center and the American Center for Law and Justice. Lawyers for the father argue that the state cannot override parents’ rights to direct the moral and religious upbringing of their children. The filing states that the plaintiff seeks to stop the district from exposing his child to classroom lessons and materials that conflict with the family’s religious beliefs. A spokesman for Lexington Public Schools could not be reached for comment on Tuesday.
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