Encinas

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.

In May, the United States District Court for the Southern District of California granted a motion for preliminary injunction requiring the Encinitas Union School District to provide notification and opt-outs to parents and students when promoting gender ideology in “buddy classes” which group older and younger students together. This is a great win for our clients, and we will continue to fight for a full victory.

In June, the school district appealed the district court’s decision.

Then in November, the school district voluntarily dismissed their appeal, leaving in place the district court’s decision requiring schools to provide notification and opt-outs to parents and students when promoting gender ideology that conflicts with parents’ religious beliefs.This decision follows recent Supreme Court precedent in Mahmoud v. Taylor.

Dean Broyles, President of the National Center for Law & Policy said, “The Supreme Court’s decision affirms that parents have the right to know what their children are being taught in school, and to opt out when that teaching interferes with their sincerely held religious beliefs. Our clients are vindicated now that the District appears to be aligning its policies with Supreme Court precedent, as a result of this litigation.”

“We are glad that the school district saw the writing on the wall and withdrew their appeal in light of Supreme Court precedent and the District’s preliminary injunction loss,” said Kayla Toney, Counsel for First Liberty Institute. “We’re committed to ensuring that children aren’t forced to speak a message that violates their convictions, and that parents aren’t afraid to exercise their First and Fourteenth Amendment rights by requesting opt-outs.”