A California school district agreed Monday to notify parents before teaching gender ideology in school “buddy programs” and allow them to opt their children out.
The U.S. District Court for the Southern District of California issued a preliminary injunction against Encinitas Union School District in May, requiring it give parents at least three days to opt their children out of activities promoting gender ideology in school “buddy programs” — mandatory mentorship initiatives pairing older students up with younger ones.
On Monday, the district voluntarily dismissed its appeal of the injunction, effectively agreeing to abide by the order until the case against it concludes.
“This is a big win,” Carlos Encinas told the Daily Citizen. “We’ve had highs and lows, so right now, we’re just enjoying the moment.”
Carlos and his wife, Jenny, sued Encinitas Union School District in September 2024 for allegedly violating their parental rights and right to religious freedom. The district had repeatedly refused the couple’s request to opt their sons out of “buddy program” lessons promoting gender ideology, which conflicts with the family’s faith.
The district further violated their son’s right to free speech, the Encinas argue, by compelling him to promote gender ideology to a younger classmate.
The 11-year-old and his kindergarten buddy had been forced to listen to an audiobook about a little boy who discovers his shadow — his “innermost self”— is pink, not blue. The Encinas’ son, a devout Christian, was subsequently required to help the younger child identify the color shadow that “best represented him.”
The U.S. District Court for the Southern District of California issued a preliminary injunction in favor of the Encinas on May 12. First Liberty Attorney Kayla Toney, the couple’s lawyer, says the judge agreed Encinitas Union School District likely violated their son’s right to free speech.
“The judge basically found that, under Supreme Court case law, schools cannot force students to speak messages that go against their beliefs or their conscience,” she told the Daily Citizen.
Toney also believes the Supreme Court’s ruling in Mahmoud v. Taylor this summerinfluenced the school district’s decision to drop its appeal.
“In Mahmoud v. Taylor, the Supreme Court found that school districts are required to provide advance notice and opt-outs to parents when the material [the district] is teaching substantially interferes with their religious beliefs,” she told the Daily Citizen.
“I think there’s no way [Encinitas Union School District] could have won under Mahmoud,” she continued, noting Supreme Court precedent applies regardless of state law. “I think they saw the writing on the wall and decided to withdraw their appeal in light of [that].”
The Encinas weathered significant persecution to stand up for their rights. Carlos and Jenny removed their boys from the public school system entirely after facing vitriol from teachers, parents and students.
But, through it all, Carlos says God has remained faithful.
“There’s a certain awareness [about parental rights issues] within our community now that I think is really beneficial,” he reflected.
“[The district] really isn’t transparent about how it trains its teachers and the way content is distributed in the classroom,” he continued. “We’ve had a lot of parents reach out to us personally and thank us for being a voice on this.”
Carlos also praised God for making a way for his sons to attend a private, Catholic school.
“[My kids] are in a great place,” he told the Daily Citizen. “They’re thriving — and we’ve got a new community [and support system] we’ve been introduced to.”
While Carlos is grateful for God’s provision, he and Toney know most parents do not have the choice to leave public school.
“[The Encinas] never should have had to withdraw from the public school district,” Toney emphasized. “The fact that the hostility rose to that level is really appalling, because most families don’t have other options.”
“It’s an extraordinary effort to move your kids out of public school,” Carlos added. “I’m just so thankful to God for opening those doors.”
Toney and the Encinas don’t know when the case will conclude — but Carlos says the timeline doesn’t matter. He and his family intend to see it through.
“We know God’s got this battle won for us — we just need to be trusting and faithful,” he told the Daily Citizen.
“It’s definitely taken a bit longer than we expected, and it may take a bit longer [still], but we’re in it for the long haul, however long it takes.”
Additional Articles and Resources
Supreme Court Defends Religious Freedom, Parental Rights Over ‘LGBT’ Curriculum
California Family Wins Early Legal Victory for Parental Rights, Religious Freedom
California Family Harassed After Trying to Opt-Out of Activities Teaching Gender Ideology
Common Spirit Denied Teen Body Medical Care After Parents Objected to Doctor’s Bizarre Questions
Three Ways the Media Supports Sexually Explicit, Inappropriate Books for Children
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