A Massachusetts judge has ruled in favour of a father who sued his local school district to prevent his five-year-old son from being exposed to children’s books that include LGBTQ+ characters or themes.
In a 30 December decision, U.S. District Judge F. Dennis Saylor IV issued a preliminary injunction requiring Joseph Estabrook Elementary School and Lexington Public Schools to ensure that the child, referred to as J.L., is not taught or exposed to the content of the books in question, citing the father’s First Amendment rights.
The father, Alan L., who is described as a “devout Christian”, objected to two specific books included in the school’s kindergarten curriculum — Families, Families, Families! by Suzanne Lang, and All Are Welcome by Alexandra Penfold. Both titles acknowledge diverse family structures, including those with LGBTQ+ parents.
Books May Not Have Been Read, but Lawsuit Proceeds
It remains unclear whether J.L. was ever actually exposed to the books in question, especially given that the child is on an Individualised Education Program (IEP) and spends much of his day outside the general classroom.
According to commentary from the Friendly Atheist newsletter, Alan L. also listed eight additional books in his lawsuit, none of which appear to have been used at the school.
Despite this, Alan L. argued that he was denied the right to receive advance notice before LGBTQ+ inclusive materials were used in the classroom and that he should be able to opt his son out of instruction that he believes conflicts with his religious beliefs.
His case was bolstered by the June 2025 Supreme Court ruling in Mahmoud v. Taylor, which upheld the rights of parents to opt children out of instruction involving LGBTQ+ themes if it clashes with sincerely held religious beliefs.
“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…,” Judge Saylor wrote.
“The question… is whether these specific defendants have provided the required notice and opportunity to review materials… so that [Alan L.] may opt his child out.”
Court Orders District to Provide Alternatives
Judge Saylor, a George W. Bush appointee, ordered the school and district to:
- Ensure J.L. is not exposed to the content of the two identified books
- Provide reasonable, age-appropriate alternative instruction
School District Responds
Lawyers representing Lexington Public Schools said the district would “aggressively defend” against the claims.
In a statement, attorneys Douglas I. Louison and Alexandra M. Gill emphasised that the books are not part of a broader LGBTQ+-focused curriculum, and J.L. was never confirmed to have encountered the material.
“The mere depiction of potentially-offensive values or lifestyles is not enough to warrant an opt-out,” they noted, citing Mahmoud v. Taylor.
“It is the messaging associated with those materials that determines whether an opt-out is warranted.”
They also expressed concern about the practical burden the ruling may place on schools.
“This is not like a peanut allergy, where accommodation is clear,” they wrote. “At what point is a character’s haircut too short to presume they’re a woman? Are two men at a restaurant presumed gay, or just friends?”
Broader Implications for Education Policy
The ruling has been welcomed by right-wing advocacy groups such as the Massachusetts Family Institute, which said it sends a message that public schools must respect parental rights or face potential legal consequences.
Critics, however, warn that the decision could create a chilling effect in classrooms and place unreasonable demands on educators to anticipate individual moral or religious objections.
