Carlos and Jenny Encinas have two boys who attended La Costa Heights Elementary school in the Encinitas Union School District in the Southern District of California. In May 2024, their fifth-grader’s teacher read his class the book, My Shadow is Pink, which urges children to question their own gender identity. Following the reading, their son was forced to watch a read-aloud video of the book with his kindergartener “buddy” as part of the school’s mentoring program. He was then required to participate in an activity where he drew the kindergartener’s shadow, using the color that “represents” him.

Featuring a boy who sees his shadow as pink instead of blue, My Shadow is Pink promotes the idea that children can change their own gender, encouraging kids to find the color of their shadow described as “your inner-most you.” The story displays the boy learning to cope with being true to his inner self, starting when he decides to wear a dress on his first day of school. His dad, originally full of “anxiety and stress” about the issue, changes his mind and puts on a dress too. He encourages his son to wear a dress to school, and if anyone doesn’t like it, then “they are the fool.”

The Encinas’ fifth-grade son, a strong Christian, was very uncomfortable with being used as a mouthpiece for views contrary to his beliefs. Carlos approached the school with two requests: notification when sensitive topics would be read in school and an allowance for his children to opt-out of participation. Unfortunately, both requests were denied.

After Carlos raised his concerns, school district employees and other parents responded with hostility toward his family, and the PTA president organized a “Pink out the Hate” day where half the school wore pink in support of transgender rights. The Encinas family received threats by phone and in person, and their sons were bullied to the point where they had to transfer to a different school.

Along with another local family, the Encinas are suing to bring accountability to the District, and to seek a court order stating that the District notify parents in advance and allow opt-outs from teaching that violates parents’ sincerely held religious and moral beliefs.

“No child should be forced to speak a message that violates his religious convictions,” remarked Kayla Toney, Associate Counsel for First Liberty Institute. “It is unconscionable that teachers would force Christian elementary students to teach five-year-olds about gender identity in a way that violates their faith.”

Dean Broyles, President of the National Center for Law & Policy stated, “Parents have the right to know what their children are being taught in school, especially when that material goes against their sincerely held religious beliefs. The District is attempting to evade state law that allows parents to opt their children out of sexual education by teaching the same material in other classes.”

News Release
 For Immediate Release: 9.24.24
Contact: Peyton Drew, media@firstliberty.org
Direct: 972-941-4453

Parents File Lawsuit After Elementary School Denies Request for Notification and Opt-Out From Gender Ideology Book

Fifth-grade students forced to teach kindergartners about book, My Shadow is Pink, violating their religious beliefs.

San Diego, CA—First Liberty Institute and The National Center for Law & Policy filed a complaint and a motion for preliminary injunction in the United States District Court for the Southern District of California urging the court to require Encinitas Union School District to provide notification and opt-outs to parents and students when promoting gender ideology.

You can read the complaint here.

Dean Broyles, President of the National Center for Law & Policy said, “Parents have the right to know what their children are being taught in school, especially when that material goes against their sincerely held religious beliefs. The District is attempting to evade state law that allows parents to opt their children out of sexual education by teaching the same material in other classes.”

“No child should be forced to speak a message that violates his religious convictions,” said Kayla Toney, Associate Counsel for First Liberty Institute. “It is unconscionable that teachers would force Christian elementary students to teach five-year-olds about gender identity in a way that violates their faith.”

In May 2024, a fifth-grade teacher at La Costa Heights Elementary School read aloud the book, My Shadow is Pink, which urges children to question their own gender identity. The book features a boy who sees his shadow as pink, which the book describes as “your inner-most you.” He then wears a dress to school and his dad changes his beliefs and puts on a dress too. The children in this case were forced to watch a read-aloud video of the book with their kindergartener “buddy” as part of the school’s mentoring program. Then they had to ask the kindergartner what color “represents” him and draw the kindergartener’s shadow in chalk. When the parents requested notice and opt-outs from similar teaching in the future, the school district denied their requests.

In the complaint, attorneys state, “By denying Plaintiff Parents’ requests for advance notice and opt-outs from teaching that violates their Christian faith, and by insisting that religious children participate in activities that promote gender identity in violation of their faith, the School District is willfully disregarding and violating their First Amendment right to direct the religious upbringing of their children.”

###

About First Liberty Institute

First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.

To arrange an interview, contact Peyton Drew at media@firstliberty.org.

Social Facebook Social Instagram Twitter X Icon | First Liberty Institute Social Youtube Social Linkedin

Terms of UsePrivacy PolicyState DisclosuresSitemap • © 2024 Liberty Institute® is a trademark of First Liberty Institute