In Alan L. v. Lexington Public Schools, (D MA, July 21, 2026), the father of a kindergartener sued seeking to opt his child out of classroom lessons and activities that deal with sexual orientation and gender identity and violate plaintiff's Christian religious beliefs. Last year, the court issued a preliminary injunction requiring the school to provide an opt out. (See prior posting). Nevertheless, defendants now moved for a dismissal of all plaintiff's claims. Recognizing that the suit is controlled by the Supreme Court's decision in Mahmoud v. Taylor, the court in its opinion issued this week refused to dismiss plaintiff's free exercise claims and most of plaintiff's other contentions, including their claim of qualified immunity. The court however dismissed plaintiff's substantive due process claim because Mahmoud had based its holding on the Free Exercise clause, while a prior 1st Circuit case had held that the due process clause does not create a parental right to opt one's children out of particular lessons.
