A federal judge has ruled that a California school district likely violated the First Amendment by requiring students to participate in an activity involving a book discussing gender identity without prior notice to their parents.
In a decision published Monday, Judge James Lorenz of the U.S. District Court for the Southern District of California sided with parents seeking a preliminary injunction against the Encinitas Union School District after students at La Costa Heights Elementary School were asked to read an LGBT-themed book without their parents’ knowledge.
Lorenz ordered that the school district be barred from including topics related to sexual orientation and gender identity as part of its buddy program, which pairs older students with younger students for mentorship.
While the school had typically kept parents informed about activities in the buddy program, parents were not notified when one week’s activity involved fifth-grade students and their kindergarten buddies watching a read-along video of the book My Shadow is Pink.
In addition to watching the video, fifth-grade students and their kindergarten buddies were asked to engage in an activity where the older student would ask the younger what color their shadow was and then colored their shadows with sidewalk chalk on the ground.
According to the opinion noted, My Shadow Is Pink is about “a boy who enjoys wearing dresses and playing with toys typically associated with girls.” The story involves “a conflict between the boy and his father who eventually comes to accept his son’s ‘pink shadow.’”
Lorenz added that “‘Compelling individuals to mouth support for views they find objectionable violates the First Amendment,’” and 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.”
The lawsuit argued that the activity “effectively forced students to tell their peers that it is possible to have a gender identity that does not correspond to one’s biological sex,” despite their religious beliefs teaching them otherwise.
Plaintiffs contended that the school violated their deeply held religious beliefs by failing to abide by the law regarding the inclusion of My Shadow is Pink in the buddy program and also alleged violations of their First Amendment and due process rights under the U.S. Constitution.
It was noted that the U.S. Supreme Court recently heard oral arguments in a case involving parents of various faiths challenging the largest school district in Maryland. The parents argued that the district refused to allow their children to opt out of pro-LGBT readings. However, Lower courts ruled against the parents, and a decision from the Supreme Court is expected by the end of June.
