California family wins court fight over gender lessons; district must notify parents, allow opt-outs

The family of a California fifth grader who resisted gender ideology being taught in his school has prevailed in court, scoring a victory for parental rights and religious liberty.

The child, Shea Encinas, 12, was honored by President Donald Trump for his courage at a September meeting of Trump’s Religious Liberty Commission in Washington, D.C. 

Despite Encinas’ family previously opting out of the Encinitas Union School District’s health lessons covering gender themes, the school refused to exempt him from having to talk to a kindergartner gender identity using the book My Shadow Is Pink in 2024 as part of a mentoring program. 

“I knew this was not right, but I was afraid of getting in trouble,” Encinas told the commission. “After my family spoke up, the school treated us badly, and kids started bullying me and my brother because of our faith, and the school did nothing to stop it. It hurt a lot, but I kept trusting God.” 

The family sued, winning a preliminary injunction in May. Last week, it was announced the district had dropped its appeal, allowing the lower court’s decision to stand. Under the injunction, schools must provide three days’ advance notice and opt-outs whenever gender identity content is presented in the district’s “buddy” mentoring programs. 

The family’s lawyers from the National Center for Law & Policy and First Liberty Institute attributed the district’s decision to the Supreme Court’s June Mahmoud v. Taylor decision, which requires schools to notify parents and allow them to opt their children out of LGBTQ lessons. 

“The Supreme Court’s decision affirms that parents have the right to know what their children are being taught in school, and to opt out when that teaching interferes with their sincerely held religious beliefs,” said Dean Broyles, president of the law and policy center. 

After the Encinas family spoke out, Shea and his younger brother faced a targeted “Pink Out the Hate” campaign. The family ultimately withdrew both boys from the San Diego district due to bullying, harassment and administrative hostility, the California Family Council said in a release. 

“Parents, not government bureaucrats, are the primary stewards of their children’s education and moral formation,” said Greg Burt, family council vice president. “This case makes clear that public schools cannot impose transgender ideology on students and then punish families for objecting. The Encinas family’s courage has secured critical protections for parents across California.” 

Shea summed it up in his own words: “I believe kids like me should be able to live our faith at school without being forced to go against what we believe.”