Judge Grants Dad Opt-Out for Child From LGBTQ Books

A federal judge has granted a Lexington, Kentucky, father a preliminary injunction excusing his kindergartener from lessons featuring LGBTQ themes that conflict with his Christian values, reports Universal Hub.

"While defendants contend that implementing the notice and opt-out procedures contemplated by plaintiff's proposed injunction would burden them to some degree, any potential harm they face does not outweigh that faced by plaintiff — particularly where defendants concede that [the parent's son] must be opted out of at least some materials," U.S. District Court Judge F. Dennis Saylor IV wrote in his order Tuesday.

The father, who sued under the pseudonym "Alan L." in mid-October, said it goes against his religious beliefs to allow his child to be instructed in content that touches on "diversity, equity, and inclusion issues, including issues of race, gender, and sexuality, taught from a secular worldview."

"I should not have to choose between enrolling my child in public school and protecting J.L.'s religious upbringing," he wrote. "But that is the choice [Lexington school officials] are forcing me to make."

Saylor identified ten specific books that Estabrook Elementary must shield the kindergarten student from, including "Families, Families, Families!," "All are Welcome," "Prince and Knight," "Maiden and Princess," "Stella Brings the Family," "Lovely," "Love Makes a Family," "A Family is a Family is a Family," "This Day in June," and "You Have a Voice."

Saylor pointed to a 6-3 ruling by the Supreme Court in June on a similar case brought in Maryland.

"As in that case, a parent has objected to his child being shown certain materials at school concerning LGBTQ+ relationships or values on the ground that the materials pose a threat of undermining the religious beliefs and practices the parent wants to instill in his child," he said.

"As in that case, the school has indicated that it intends to continue showing the child at least some of the materials to which the parent objects. And as in that case, the parent seeks a preliminary injunction on the basis that the school's failure to provide him notice and a reasonable opportunity to opt his child out of classroom instruction utilizing those materials violates his free-exercise rights."

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