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Judge Narrows Lexington Opt-Out Order, Allows Two Kindergarten Books on Gender Stereotypes

The case continues with the broader injunction on identified LGBTQ materials intact after the judge signaled the parent may succeed on a parental-rights claim.

Overview

  • U.S. District Judge F. Dennis Saylor IV ruled on Feb. 10 that Lexington educators need not offer an opt-out for Pink Is For Boys and Except When They Don't.
  • The court found the two picture books teach about gender stereotypes rather than gender identity or LGBTQ characters, placing them outside the existing injunction.
  • The earlier order requiring Lexington Public Schools to make reasonable efforts to keep the child from other LGBTQ-related materials identified by the parent remains in force.
  • The judge noted the father’s filings target issues of marriage, gender, and sexuality, and he referenced a recent Supreme Court decision in assessing likely success on parental-rights grounds.
  • Attorneys for the district said the decision shows parents do not have carte blanche for opt-outs, while the father’s counsel said the suit has already led to exclusions of more than a dozen books and emphasized the ongoing right to opt out of LGBTQ curriculum materials.