by Jorge Gomez • 3 minutes
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.
The book leads children to question their gender identity. Even worse, 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 that color of chalk.
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. No child should be forced to speak against their religious convictions.
That’s why 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’s unconstitutional for teachers would force Christian elementary students to speak messages to five-year-olds in a way that violates their faith.”
“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,” Dean Broyles, president of the National Center for Law & Policy said. “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.”
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 any other teaching about gender or gender identity in any other class or unit.
State law leaves it open so school districts can allow opt-outs if they choose. The school also 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.
Unfortunately, situations just like this one are happening all over our nation. Earlier this year, First Liberty fought and won a similar case in Minnesota in which several Muslim families were denied opt-out requests for their kids from LGBTQ material. We sent a letter to the school district explaining how their denials violated the First Amendment. The school district implemented a new system under which families can request opt-outs and alternative learning. This is a big win for religious freedom that continues to impact elementary, middle and high school students.
Teachers and administrators have a responsibility to work with parents to make sure their instruction respects the religious liberty of all their students. The school should not force students to participate in anything that violates their religious convictions. The 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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