News Release
For Immediate Release: 9.15.26
Contact: Natalie Konstans, media@firstliberty.org
Direct: 972-941-4453
California Parents Resolve Case After Convincing School District to Notify, Provide Opt-Outs from Gender Ideology Lessons
School District’s concession to change their policy after forcing fifth-grade students to teach kindergartners about book, My Shadow is Pink, leads to case resolution.
San Diego, CA—First Liberty Institute and the National Center for Law & Policy agreed to end their lawsuit against the Encinitas (CA) Union School District after it agreed to change its policies to provide notification and opt-outs to parents and students when promoting gender ideology or any material that substantially interferes with families’ religious beliefs and pay Plaintiffs an undisclosed amount.
“No child should be forced to speak a message that violates his religious convictions,” said Nate Kellum, Senior Counsel for First Liberty Institute. “We are grateful that we were able to reach this settlement on behalf of the families involved. This is a tremendous victory not only for our clients but for all parents in the Encinitas Union School District.”
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. The lawsuit secured a preliminary injunction that, coupled with the U.S. Supreme Court’s decision in Mahmoud v. Taylor, resulted in the school district changing its policies.
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About First Liberty Institute
First Liberty Institute is the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Natalie Konstans at media@firstliberty.org or by calling 972-941-4453.
