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Families sue Calif. school district over 'shocking' plan requiring kids to teach gender ideology

Lawsuit defends parents' right to 'raise their children according to their sincerely held religious beliefs'

A screenshot from the animated short film 'My Shadow is Pink' by Scott Stuart.
A screenshot from the animated short film "My Shadow is Pink" by Scott Stuart. | Screenshot/YouTube/Scott Stuart

Two Christian families from Southern California are suing a school district over a decision to require fifth-grade students to teach kindergartners about gender ideology without prior notification or the option to opt out.

The federal lawsuit challenges the Encinitas Union School District’s “Kinderbuddy” program at La Costa Heights Elementary School, which officials say was intended to foster mentorship and friendship between older and younger students. 

However, the initiative took a contentious turn when fifth graders, including the plaintiffs’ sons, were unexpectedly tasked with teaching their kindergarten counterparts about gender identity and sexual orientation based on a controversial book selected by the school that promotes controversial views on gender ideology.

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The complaint describes plaintiffs Carlos and Jennifer Encinas and Tom and Rebecca Doe as “devout Christians,” with the former belonging to both a “Bible-believing Evangelical” church as well as a Catholic church in their local parish, while Tom and Rebecca Doe are identified as “faithful members of their local Catholic church” who “raise their children in the Christian faith.”

According to the complaint filed by First Liberty Institute and the National Center for Law & Policy (NCLP), both Christian families hold the belief that humans are created in God’s image as either male or female. They had previously opted their sons out of gender identity and sexual orientation lessons in health class, only to discover that similar teachings were being introduced in the mentoring program without their knowledge, the lawsuit states.

“Viewing children as a gift from God, [the plaintiff parents] believe it is their responsibility as Christian parents to raise their children according to their sincerely held religious beliefs as delineated in Scripture,” the complaint states. “School promotion of ideologies and concepts that run counter to their sincerely held religious beliefs undermines their parental authority and interferes with their essential roles as parents.”

The lawsuit is centered around the book and read-along video “My Shadow is Pink,” which was selected by the Encinitas Union School District for a fifth-grade mentorship program. The book's author, Scott Stuart, says it's "about a young boy, born with a pink shadow that loves princess, dresses and 'things not for boys.'"

In one part of “My Shadow is Pink,” the main character — a young boy — says “my heart skips a beat/ as I put on a dress" and depicts the boy wearing a dress while looking at himself in the mirror.

The complaint cites an April 30 text message exchange between two teachers regarding the content of My Shadow is Pink in which a fifth-grade teacher and kindergarten teacher called the story "so sweet" and said they "love the overall message."

The plaintiffs argue that the book's content sharply contradicts their belief that gender is a fixed trait, ordained by God and determined by biological sex. They also contend that the ideas introduced in the book are not only inappropriate for their fifth-grade son but also for his kindergarten buddy, raising concerns about the implications of encouraging young readers to question their natural sex.

The Encinas' fifth-grade son, who says he was made to read a book promoting transgenderism and sexual orientation to a kindergartener, said he initially didn't opt out of the “Kinderbuddy” program because "he didn't want to get in trouble or anything."

"I hoped my buddy wouldn't understand what any of it meant," the boy, who is also a plaintiff in the case, said. "We both thought that it's not okay that they're showing this to kindergartners."

Author Scott Stuart with his son in a screenshot from 'My Shadow is Pink.'
Author Scott Stuart with his son in a screenshot from "My Shadow is Pink." | Screenshot/YouTube/Scott Stuart

The parents assert that the book promotes a worldview that dismisses traditional views on gender and sexuality, which they believe undermines the biblical values they instill at home. The lawsuit argues that such content should not be presented to their children without prior notification or the option to opt out.

Upon learning of the situation, the families requested that the school provide parental notice and consent for future discussions on gender ideology. However, the Encinitas Union School District responded that its teachers were legally prohibited from notifying parents or obtaining consent, arguing that the information was not distinct from what was covered in health class, according to the lawsuit.

The district indicated it would continue to implement its approach to gender ideology without parental notification or consent.

CP reached out for comment Wednesday from Encinitas school officials. This story will be updated if any response is received.

Greg Burt, vice president of the California Family Council, condemned the school’s actions. 

“It is shocking and dismaying that a school would ask a child to teach a subject as sensitive as gender ideology to young, impressionable kindergartners, especially when that subject conflicts with the child’s own faith and family values,” Burt said in a statement.

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