Parents have a constitutional right to raise their children according to their faith and beliefs. There is perhaps no right more deeply rooted in our nation’s history and tradition than the right of parents to direct their children’s religious upbringing. It is among the oldest liberties recognized by the U.S. Supreme Court.
First Liberty is fighting two major federal court cases in California to ensure families are treated fairly and to protect parent’s right to raise their children consistent with their religious beliefs.
We’re fighting in federal appeals court against the California Department of Education, which is discriminating against parents who choose a religious education. We represent three families who educate their children with the help of public charter schools. But California says they can’t use a faith-based curriculum. Our clients were told they can’t use state funds for religious materials as part of their home-schooling program.
This violates what the U.S. Supreme Court held in First Liberty’s landmark victory in Carson v. Makin. The Supreme Court made clear that when the government provides a publicly available benefit, such as parent-directed educational funding, it cannot exclude families just because they choose to use that benefit for a religious education.
We’ve also filed a federal lawsuit against a California school district that won’t let parents opt their children out of books and activity that promote radical gender ideology.
We’re representing two families at La Costa Heights Elementary, whose 5th-grade sons were compelled to affirm a book titled “My Shadow is Pink,” a book that encourages children to question their own gender identity. The book tells a story of a young boy who sees his shadow as pink (instead of blue), depicted as “your inner-most you,” and decides to wear a dress to school. The dad was initially concerned, but he becomes “enlightened” and eventually puts on a dress too.
Even though this troubling message ran counter to the fifth graders’ religious beliefs, they were not only exposed to the teaching, but forced to indoctrinate a kindergarten “buddy” in this teaching as part of the school’s mentoring program. They had to watch a read-along video of the book with the kindergartener and then guide the buddy in a chalking exercise that directed five-year old to choose a shadow (gender).
The parents we represent have a deeply held conviction to raise their children consistent with their religious beliefs. They had no inkling of the “My Shadow is Pink” exercise before it happened. Appalled, they asked the school district to provide notice of similar teaching in the future and let their children opt out of it. But those requests were denied.
Our lawsuit argues that the Encinitas Union School District must provide advance notification and opt-outs to parents and students for teaching of and compelled participation in gender ideology books and activities.
The school district claims opt-outs from such objectionable activities are unavailable, although it allows opt-outs from a host of other activities, like animal dissections for students with moral objections. School officials determined children must learn and affirm gender identity teaching – no matter what their parents think.
There’s an alarming rise in attacks against parents for exercising their constitutional rights and raising their children consistent with their faith. These cases could impact every family in the country. First Liberty will continue fighting to ensure that religious families are treated fairly. They should never be treated like a second-class citizens for choosing what’s best for their family.
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