In its 14-page ruling, the U.S. District Court for the Southern District of California told Encinitas Union School District it must notify parents if gender ideology is a classroom topic in its “Kinder Buddy” program.
The ruling, which granted a preliminary injunction, was signed by U.S. District Judge James Lorenz. He directly tells the Northern California school district it “shall not” cover gender identity topics unless Encinitas provides parents with advance notice and an opportunity to opt out.
Even though the California ruling is narrow, since it affects only Encinitas schools, a similar case went before the U.S. Supreme Court in mid-April. That case, Mahmoud v. Taylor, was brought by Maryland parents who are likely to win their appeal according to news reports.
Mahmoud v. Taylor also involves an LGBT-themed children’s book, "Pride Puppy," and a liberal school district that refused to allow an opt-out option that was based on religious objections.
Representing two sets of Encinitas parents, First Liberty Institute and the National Center for Law & Policy filed a complaint and motion for preliminary injunction in September 2024.
The 57-page lawsuit names as defendants Encinitas Union superintendent and an assistant superintendent; the La Costa Heights principal; two La Costa Heights teachers; and the five Encinitas Union school board members.
Before that lawsuit was filed, AFN reported in a previous story how a parent named Carlos Encinas learned his fifth-grade son was forced to watch a read-along video for “My Shadow is Pink,” a transgender-friendly children’s book.
The father was never informed by LaCosta Elementary School about the controversial book, and he only learned about it after his son complained he had been paired with a kindergartener for the school’s “Kinder Buddy” program.
After news of the book reading spread, Encinas and other parents swarmed a school board meeting to demand a parental notification and opt-out polices.
“We the people have the freedom to opt-out,” one outraged parent told the school board. “We are going to opt-out as Christians. If you don’t accept our opt-out, we’ll see you in court.”
When the school board ignored their pleas, Encinas became a co-plaintiff in the lawsuit that cites his Christian faith. "Plaintiff Parents believe the School District should not encourage their minor children to question their God-given sex or gender," the complaint states.
Nate Kellum, a First Liberty attorney, tells AFN the so-called “buddy classes” were really a tool for using older students to indoctrinate kindergarteners.
"They were actually forcing these kids to teach it to younger kids,” he says. “So not only were they doing this, but they were keeping the parents out of the loop.”
In the ruling, Judge Lorenz points out the buddy class was allowing students to pick the books to read and a weekly newsletter informed parents of the book list. At some point, however, a LaCosta teacher chose “My Shadow is Pink” and that selection was not listed in the newsletter.
Farther down in the ruling, AFN found Judge Lorenz was unpersuaded by the school district’s claim the fifth grader was not harmed by “My Shadow in Pink” because he did not complain to the teacher.
The school district also argued the student’s participation was not “compelled,” because the parents are not claiming non-participation would result in punishment, but the judge pointed out Encinitas had acknowledged participation in the buddy program is mandatory.
