Two Christian families have filed a lawsuit against two teachers, a principal and the Encinitas Union School Board in California for requiring their fifth-grade sons to participate in classroom instruction aimed at kindergarteners on the topic of gender ideology.

Having already encountered gender ideology material back in May as part of the fifth-grade health class program at La Costa Heights Elementary School, both families were notified in advance of the lesson and were able to opt their children out. However, when almost identical instruction was incorporated into the “Kinderbuddy” program—a mentorship program intended to foster healthy relationships between fifth-graders and kindergartners—no advance notification was offered, and parents had no chance to opt out their children.

As part of the Kinderbuddy program, the fifth-graders were instructed to meet with their kindergarten “buddy” and watch a video based on the book titled My Shadow Is Pink, in which a young boy questions his gender. In the story, the boy’s father says his son’s gender identity is just a phase, but eventually he abandons his prior beliefs and encourages his son to wear a dress. Following the video, the students were compelled to go outside and make the kindergartener choose a color for his shadow, representing his gender identity.

When the families voiced their objections, the school’s principal and the district superintendent said the curriculum would not be changed unless the state legislature were to require it, and the school would not offer opt-outs for the curriculum. The families’ lawsuit points out that under California law, families with religious objections to gender identity instruction should receive notice and have an opportunity to opt out of it.

The families are represented by First Liberty Institute and the National Center for Law & Policy, organizations that specialize in protecting both religious liberty and the parental right to transparency from schools.

“Parents have the right to know what their children are being taught in school, especially when that material goes against their sincerely held religious beliefs,” said Dean Broyles, president of the National Center for Law & Policy. “The District is attempting to evade state law that allows parents to opt their children out of sexual education by teaching the same material in other classes.”

Greg Burt, vice president of the California Family Council, voiced dismay over 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.”

Regarding both the material in question and the school’s refusal to notify parents, one of the parents involved said, “You know, as Christians, we disagree with this, but this really applies to anybody, whether they’re religious or not.”

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