by Emma Sumlin and Jorge Gomez • 4 minutes
Recently, First Liberty secured a big federal court win for two Christian families we’re representing in California. Their sons were forced to teach kindergartners about a book with content that violated their religious beliefs.
In May, a federal district judge ruled in favor of our clients. The court granted a motion that requires the school district to provide notice and opt-outs to parents and students from materials that promote radical gender ideology in mentoring programs.
This was a tremendous first victory for our clients. However, the legal fight is far from over.
Over the past week, we learned that the school district has chosen to appeal the decision that favors our clients. Instead of recognizing and respecting the religious liberty of the families, state officials prefer to continue fighting and dragging this battle on in court.
We’ll now be fighting this case at a higher level of litigation in federal appeals court. The Ninth Circuit Court of Appeals sits just one level below the U.S. Supreme Court, which means the stakes are at an all-time high.
The outcome of this case impacts what your kids are exposed to in school and legal protections for parents to direct their children’s upbringing. There’s still a lot of work ahead to secure a full and complete victory for religious families in these cases and around the country.
Here’s why this case matters to every American—including you, your children and grandchildren.
Protecting Parental Rights and Religious Freedom
Our Encinas case in California is an opportunity to protect parents’ right to decide what’s best for their children. That includes their right to raise their children consistent with their religious convictions and to shield them from being taught and forced to affirm radical ideologies that violate their beliefs.
We represent two families whose fifth-grade sons at La Costa Heights Elementary School were forced to affirm a book titled “My Shadow is Pink.” It tells the story of a boy who sees his “innermost you” as the color pink and decides to wear a dress to school.
His father decides to change his beliefs, also deciding to wear a dress, saying, “your shadow is you and pink it will be, so stand up with your shadow and yell, THIS IS ME!”
The school also forced the fifth graders to teach the concept of gender transition to kindergarteners in a buddy-mentorship program by asking them to choose what color “represents” them and then tracing their bodies in that color of chalk.
Parents had no idea about the activity before it happened. The parents asked the school for future notice and the opportunity to opt their children out. But the school district denied their requests.
First Liberty and the National Center for Law & Policy filed a complaint and a motion for preliminary injunction last fall. Our lawsuit argued that the school district violated the First Amendment by forcing children to speak messages that violated their consciences, refusing to provide religious opt-outs, and interfering with regarding parents’ rights to direct the upbringing of their children.
In a crucial first victory, the district court held that “compelling individuals to mouth support for views they find objectionable violates the First Amendment.” That ruling ensures that children in the Encinitas Union School District won’t be forced to read or affirm materials in violation of their faith in mentoring programs, while the case proceeds in court.
These families are just like yours. Just like mine. They simply want what’s best for their kids. But the school district has chosen to elevate radical indoctrination above religious freedom.
This case doesn’t just impact our clients or families in California. It affects millions of parents, students and religious families across America.
Multiply Your Impact in the Fight for Faith
Your support right now can make a huge difference. With this case, we have an opportunity to impact religious freedom for generations. This is about our children’s future, and making sure that our children are not forced to participate in lessons or speak a message that violates their faith.
If you give to First Liberty anytime between today and June 30th, your donation will have a multiplied impact thanks to a generous $500,000 Challenge Grant!
Our clients don’t pay a cent to receive top-class representation from our attorneys. Since we are defending them in federal appellate court, it takes immense resources, organization and skill to win these cases.
We need to be in a strong financial position to ensure we can secure more victories. Join the fight for faith and help us deliver freedom so you and millions of Americans can have their rights restored.
Please donate to First Liberty today.
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