Judge sides with parents in Encinitas gender education lawsuit

ENCINITAS — A federal judge has granted a request for a preliminary injunction prohibiting the Encinitas Union School District’s buddy program from teaching gender identity topics without first notifying parents and allowing them to withdraw their children from the lesson.

The ruling is the latest development in a lawsuit filed by local parents last year alleging that a school mentor program violated their constitutional religious rights by exposing their children to gender identity content without prior notice or the ability to opt out.

The lawsuit, filed in the U.S. District Court for the Southern District of California, centers around activities at La Costa Heights Elementary School involving two fifth-grade students, identified in the complaint as S.E. and P.D.

The parents, Carlos and Jennifer Encinas and Tom and Rebecca Doe, claim their children were subjected to a curriculum that contradicted their Christian beliefs and were subsequently required “to affirm and teach the District’s views on gender identity to kindergarteners” as part of an activity based on author Scott Stuart’s book, “My Shadow is Pink.”

The complaint alleges that on May 1, 2024, teachers required students, including S.E. and P.D., to participate in a mentoring activity related to the book, which explores themes of gender identity through the story of a boy who likes to wear dresses and play with girls’ toys.

For the lesson, the students were partnered with kindergarten students as part of the district’s “buddy” mentorship program. After reading the book, the older students helped their younger buddies choose colors to represent their “personal sense of gender” and used chalk to illustrate those choices.

According to the lawsuit, S.E. and P.D. said they were uncomfortable with the content and felt compelled to affirm and convey views about gender that went against their religious beliefs.

“Compelling individuals to mouth support for views they find objectionable violates the First Amendment,” U.S. District Judge James Lorenz wrote in his ruling granting partial relief, limiting the injunction only to the district’s “buddy” program. “In light of P.D.’s role in the class as his buddy’s mentor, P.D.’s presence next to his buddy during the read-along video presentation and subsequent tracing of his buddy’s shadow in the buddy’s chosen color implicitly conveyed P.D.’s endorsement of the message that gender can be a matter of one’s choice and subject to change — a message contrary to P.D.’s own beliefs and which he did not wish to convey to his buddy.”

After the parents notified the school about their concerns, teacher Sean Murphy, one of two educators who led the exercise, said he did not feel the topic was “too advanced for anyone because it was simply about embracing what you like and that is all.”

“The reason for choosing the book was for nothing more than … that I felt it was a good story about embracing who you are,” Murphy wrote in an email to the parents. “I truly felt this was a book that had a good message and would show the kids they can be proud of who they are regardless of what others say…I truly apologize for any discomfort that created and was not the intent.”

The Encinitas Union School District has maintained that its curriculum, including LGBTQ+ topics, is intended to create an inclusive environment for all students.

According to a statement cited in the complaint, the district said it is “committed to fostering an environment where every student feels seen and supported. We understand that these are sensitive topics, but we must also ensure that all children see themselves represented in their education.”

The lawsuit states that the parents sought an alternative resolution that would respect their religious beliefs, but district officials dismissed their concerns. The plaintiffs say they were ultimately told that the curriculum was non-negotiable and that they would need to advocate with state lawmakers if they wanted changes.

In a letter to the parents, Superintendent Andrée Grey also noted the limitations of student and parent opt-out rights under state law.

“Please be aware the law does not broadly grant parents the right to opt out of any instruction that includes reference to gender-identity,” Grey wrote, adding that the Education Code section 51932(b) “does not apply to instruction, materials, presentations, or programming that discuss gender, gender identity, gender expression, sexual orientation, discrimination, harassment, bullying, intimidation, relationships, or family and do not discuss human reproductive organs and their functions.”

Both families subsequently withdrew their children from La Costa Heights and enrolled them in private schools.

The issue of gender identity education in schools is not unique to Encinitas. In February 2024, the Georgia Board of Education upheld the firing of elementary school teacher Katie Rinderle for reading “My Shadow is Purple” to her class. The book addresses gender stereotypes and looking past the male/female gender binary.

Rinderle and the Georgia Association of Educators have since sued the school district for discrimination related to her dismissal.

Max Disposti, founder and executive director of the North County LGBTQ Resource Center, condemned the judge’s ruling as “biased, restrictive and narrow-minded,” saying that attempts to restrict classroom discussions of gender identity are misguided and “dangerous” for LGBTQ and transgender youth.

“These conversations are not about sex or transition. We’re not talking about hormones or surgeries in kindergarten,” Disposti said. “We’re talking about identity, inclusion and respect — the same way we talk about race or religion. California law protects gender identity like it protects race. The law is clear.”

Disposti criticized the misinformation being spread about early childhood education as part of a broader attack on the LGBTQ community, noting that state law does not mandate sex education in kindergarten.

“They’ve sexualized gender identity to scare people. But the real danger is silencing kids who already feel unsafe,” Disposti said. “The reality is you have trans youth. But what’s happening now pushes kids further into the shadows. It’s not just bullying from peers anymore — it’s fear of being outed by teachers or schools.

“This little ‘victory’ has, in reality, created more distance between parents and youth. No matter what you do, you cannot erase the existence of the LGBTQ community, trans youth and adults. You can legislate against us, but we will still exist.”