CA District Court Judge Issues a Preliminary Injunction Giving Parents a Gender Indoctrination Opt-Out

AP Photo/Ted S. Warren, File

What started out as a school board controversy in Encinitas, a San Diego suburb, ended up in a court of law. In May of 2024, a "Buddy" program at La Costa Heights Elementary School decided to delve into gender ideology, but failed to allow parents to opt their children out of the lesson. 

Advertisement

Carlos and Jenny Encinas have two boys who attended La Costa Heights Elementary school in the Encinitas Union School District in the Southern District of California. In May 2024, their fifth-grader’s teacher read his class the book, My Shadow is Pink, which urges children to question their own gender identity. Following the reading, their son was forced to watch a read-aloud video of the book with his kindergartener “buddy” as part of the school’s mentoring program. He was then required to participate in an activity where he drew the kindergartener’s shadow, using the color that “represents” him.

Featuring a boy who sees his shadow as pink instead of blue, My Shadow is Pink promotes the idea that children can change their own gender, encouraging kids to find the color of their shadow described as “your inner-most you.” The story displays the boy learning to cope with being true to his inner self, starting when he decides to wear a dress on his first day of school. His dad, originally full of “anxiety and stress” about the issue, changes his mind and puts on a dress too. He encourages his son to wear a dress to school, and if anyone doesn’t like it, then “they are the fool.”

The Encinas’ fifth-grade son, a strong Christian, was very uncomfortable with being used as a mouthpiece for views contrary to his beliefs. Carlos approached the school with two requests: notification when sensitive topics would be read in school and an allowance for his children to opt-out of participation. Unfortunately, both requests were denied.

Advertisement

Adults under this type of pressure cave, so the fact that Carlos expressed his discomfort at such a young age is a reflection of his steadfast character, and the character of this family. The Encinases and other parents took their concerns to the Encinitas Union School District Board. But as is typical of school boards across the country over gender indoctrination, the board took the coward's way out and failed to address the issue.

“Everyone can read a book and get different things out of it, but the idea we want to have as parents of our children is a choice of what the book is showing. Does it line up with our values, our faith, the things we want for our children?” said Christian Ryan, a parent from the district.

Supporters of the book say that coordinated protests from outsiders are becoming more common.

“They come in and rabble-rouse at school boards and undermine really what our local heroes are trying to do every day in the classroom,” said Marco Gonzales, a district parent.

There was no action item on this book, so no action was taken on Tuesday.

In September 2024, the First Liberty Institute and the National Center for Law & Policy filed a complaint and a motion for preliminary injunction on behalf of the Encinas family and one other family unit. According to First Liberty, after Carlos raised his concerns, employees of the school district and other parents in the school became hostile toward Carlos and his family. The president of the PTA even organized a "Pink Out The Hate Day," where half the school wore pink in support of transgender rights. The Encinas family even received verbal threats and threatening phone calls, and Carlos was bullied to the point where his parents had to transfer him to a different school.

Advertisement

Apparently, the phrase "Hate has no home here" that the Woke love to spout doesn't apply to people with Christian beliefs. 


RELATED: Washington Schools Target of Federal Investigation Into Transgender Athletes

Female HS Student Is Physically Assaulted by a Male Classmate; School/District Punish Them Both


The complaint came before the United States District Court for the Southern District of California, and on Tuesday, the judge ruled in the parents' favor, issuing a preliminary injunction requiring the Encinitas Union School District to notify parents of any gender instruction within the Buddy program curriculum, and that parents must be given the opportunity to opt their child out of such instruction.

A California federal judge issued a preliminary injunction requiring parental notification and opt-outs for gender identity topics in an elementary school’s buddy program pairing older elementary students with younger mentees, citing concerns from the program’s controversial lesson in which fifth graders were enlisted to teach kindergarteners about gender identity. 

At issue is a specific buddy session, in which teachers selected and read the gender identity book “My Shadow Is Pink,” which the ruling says is “about a boy who liked to wear dresses and play with toys associated with girls.” The session took place at an elementary school in the Encinitas Union School District.

Typically, students select the books to be read, and parents receive weekly notices of which books would be read next.

This time, there was no such notice.

Before the buddy session, one staff member allegedly said to another, “We might just inspire some sweet things to fly toward their shadow tomorrow,” suggesting the lesson had a desired outcome, the plaintiff’s complaint said.

Advertisement

How does one move from gardening and art projects to gender ideology? Not only is this a huge leap in logic, but it also shows the sheer arrogance of the gender zealots to assume that, because their cause is just, they are not required to consider the wants or needs of either child or parent. This is reminiscent of another lawsuit against the Capistrano Unified School District where the school publicly shamed and punished a first grader for her drawing celebrating her multi-racial group of friends on which she wrote the phrase, "Black Lives mater [sic]” at the top, followed by another sentiment, “any lives.” What's even more egregious is that the mother was not even aware of the incident or that her daughter had been punished until another parent informed her weeks later. Had young Carlos Encinas not spoken up, imagine how much other gender indoctrination posing as important curriculum would have been allowed to slip through? With these rogue school districts, it seems that lawfare is the only thing they understand.

After First Liberty stepped in, the court ordered that, “buddy program class activities and materials shall not cover gender identity topics covered in health instruction, unless Defendants provide parents with advance notice and an opportunity to opt out.” 

“We are grateful for the court’s decision," First Liberty Attorney Nate Kellum said, "and will continue to fight to ensure that elementary children are not forced to participate in lessons about gender identity that violate their faith.”  While the legal battle is ongoing, this is a huge preliminary win for religious freedom and parental rights!

Advertisement

While this lawsuit is still in the initial stages, the fact that a California judge took action on behalf of parents' rights and religious liberty cannot be discounted. We are witnessing a sea change on the concept of forcing gender indoctrination onto children and parents. This may be signaling the death knell to gender ideology being taught in schools at all. 

Editor’s Note: Every single day, here at RedState, we will stand up and FIGHT, FIGHT, FIGHT against the radical left and deliver the conservative reporting our readers deserve.

Help us continue to tell the truth about the Trump administration and its major wins. Join RedState VIP and use promo code FIGHT to get 60% off your membership.

Recommended

Join the conversation as a VIP Member

Trending on RedState Videos