Massachusetts judge rules father can’t opt 5-year-old son out of kindergarten books on ‘gender stereotypes’

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Massachusetts judge rules father can’t opt 5-year-old son out of kindergarten books on ‘gender stereotypes’

Massachusetts judge rules 'Pink Is For Boys' and 'Except When They Don't' focus on stereotypes, not LGBTQ+ themes

Rachel del Guidice Fox News

Published

February 13, 2026 5:34pm EST

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A Massachusetts judge has ruled that a father cannot pull his 5-year-old son out of kindergarten lessons that include books addressing "gender stereotypes."

Last year, U.S. District Judge F. Dennis Saylor IV granted a preliminary injunction to a Massachusetts father — identified as Alan L. — to allow him to opt out his son — identified as J.L. — from kindergartner classroom instruction involving books with LGBTQ+ themes in Lexington Public Schools, according to the Boston Herald.

However, on Tuesday, Saylor issued a memorandum ruling in favor of Lexington Public Schools regarding two books in the kindergarten curriculum, the Herald reported.

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The father, Alan L., previously won a preliminary injunction for LGBTQ+-themed materials, but the court says the disputed books fall outside the opt-out provision. (Getty Images )

Saylor said that the two disputed books, "Pink Is For Boys" and "Except When They Don't," do not fall under the opt-out provision because they focus on gender stereotypes rather than explicit themes regarding gender identity or LGBTQ+ relationships.

According to its Amazon profile, "Pink Is for Boys" is a book that "rethinks and reframes the stereotypical blue/pink gender binary and empowers kids and their grown-ups to express themselves in every color of the rainbow." The profile adds that it "invites and encourages children to enjoy what they love to do, whether it's racing cars and playing baseball, or loving unicorns and dressing up."

Amazon describes "Except When They Don't" as a "stereotype-breaking book" that "invites children to examine what they're told ‘boy’ and ‘girl’ activities are and encourages them to play with whatever they want to and to be exactly who they are! This book is published in partnership with GLAAD to accelerate LGBTQ inclusivity and acceptance."

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The judge, Saylor, also included a definition of the term "LGBTQ+," in his memorandum. (Luiz C. Ribeiro for NY Daily News via Getty Images)

In his Tuesday ruling, Saylor wrote that "because the book teaches about gender stereotypes, not gender identity, it does not violate plaintiff’s religious faith, as defined in the complaint, and therefore falls outside the scope of the preliminary injunction."

Saylor also included a definition of the term "LGBTQ+," appearing to quote Wikipedia and said that the term "means relating to people who ‘[are of] a sexual orientation that is nonheterosexual, including lesbians, gay men, bisexual people, and asexual people; people who are transgender or non-binary; people who are intersex; and queer people.’"

"Based on the record evidence, defendants are not required to provide an opportunity for plaintiff to opt his child out of classroom instruction using the books Pink Is For Boys by Robb Pearlman and Except When They Don’t by Laura Gehl," Saylor wrote.

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In its book description, Amazon describes "Except When They Don't" as being "published in partnership with GLAAD to accelerate LGBTQ inclusivity and acceptance." (iStock)

Sasha Gill, partner at Louison, Costello, Condon & Pfaff, LLP who is representing Lexington Public Schools, told Fox News Digital in a statement: "The Court’s ruling shows that parents do not have carte blanche in seeking opt-outs for religious reasons, and that opt-out requests need only be granted when the identified materials directly conflict with parents’ stated beliefs."

"It’s not about how the curricular materials are marketed to the public, or whether they have a connection to groups that advocate beliefs the parent finds objectionable," Gill said. "The question is how the materials are actually presented to students — something the Supreme Court made very clear in Mahmoud."

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She added, "Overly broad opt-out requests like the one made by this parent expose some of the practical implications of implementing Mahmoud in the public-school setting, but this is just the tip of the iceberg. For this one child, Lexington Public Schools administrators, teachers and paraprofessionals have now spent an unthinkable amount of time trying to ensure two same-sex characters in a storybook aren’t standing too close to each other, lest they be considered gay-appearing enough. It’s an incredible burden to put on public schools."

Rachel del Guidice is a reporter for Fox News Digital. Story tips can be sent to rachel.delguidice@fox.com.

Massachusetts judge rules father can’t opt 5-year-old son out of kindergarten books on ‘gender stereotypes’