A California school district won’t let parents opt their children out of books that promote gender ideology.
First Liberty is representing two families at La Costa Heights Elementary whose 5th-grade sons were required to watch a book titled “My Shadow is Pink.” The book involves 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. It leads children to question their gender identity. What’s more, the students were forced to share the book with their kindergarten buddy. Then they had to ask the kindergartner what color shadow “represents” him and draw the kindergartener’s shadow in chalk.
First Liberty and The National Center for Law & Policy filed a lawsuit urging a federal court to require the Encinitas Union School District to provide notification and opt-outs to parents and students.
The parents we represent have a deeply held conviction to raise their children consistent with their religious beliefs. They approached the school district and asked for notification of when sensitive topics would be read in school and to allow their children to opt out of future participation. But those requests were denied.
“No child should be forced to speak a message that violates his religious convictions,” said First Liberty attorney Kayla Toney. “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.”
The school district claims opt-outs are not allowed by state law. But that’s not true.
California requires opt-outs to be offered for sex-ed curriculum, according to the California Healthy Youth Act. But the school district has adopted a policy that says opt-outs do not apply to teaching about gender or gender identity in any other class or unit.
But the state law leaves it open so school districts can allow opt-outs if they choose. And the school allows opt-outs from a host of other activities, including animal dissections for students with moral objections. So, in this case, officials are simply choosing not to allow opt-outs and twisting state law to justify their hostility toward parents.
It’s unconscionable that teachers would force Christian elementary students to teach five-year-olds about gender identity in a way that violates their faith. Schools should not force students to participate in anything that violates their religious convictions.
The Encinitas Union School District must end its clearly unlawful behavior and protect the religious liberty of every student by granting our clients the ability to opt their children out.
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