(The Center Square) - The Lake Washington School District is facing a federal lawsuit brought by a father who says the district repeatedly denied his requests to opt his son out of LGBTQ instruction.
Konstantin Averkiev is represented by Alliance Defending Freedom.
ADF attorney Kate Anderson told The Center Square that Averkiev is a Christian with sincere religious beliefs about sex, gender and marriage that he seeks to instill in his young son.
The lawsuit alleges the district refused to accommodate his request to opt his son out of LGBTQ teaching.
“This is a story of a dad who did everything right,” said Anderson.
She explained that Averkiev went to his son's teacher when he was in fourth grade and explained that because of their religious beliefs, he wanted to be made aware when the school was going to be teaching about issues of sex and gender topics.
“The year went on and dad got no notice of anything until his son came home in June and was talking about a lesson on gender change surgeries,” said Anderson.
She said their client reached back out to the school and the teacher conceded that they should have told him about the lesson.
Anderson said it happened again in fifth grade, but the school pushed back against the opt-out request.
“He was told by the school 'we will not opt you out of anything LGBTQ related,'" she said.
Anderson says her client was told he could pull his child from the state mandated sex education classes, but other than that, they could discuss anything, even if it violated the family’s religious beliefs.
“It appears to be school policy that they will not allow an opt out of anything beyond what is mandated by state law related to surveys and sex-ed curriculum,” said Anderson.
According to the lawsuit, “under the First and 14th Amendments, those opt-out rights extend to every lesson or school requirement that would undermine the religious beliefs and practices he [the parent] wishes to instill in his son. The district’s refusal to honor his request is unconstitutional,” according to ADF.
The Center Square reached out to the Lake Washington School District about the lawsuit and received a response via email from Shannon Parthemer, executive director of communications for the district.
“While Lake Washington School District cannot comment on the lawsuit, the district has reviewed the lesson in question. The lesson focused on empathy, inclusion, bullying prevention, and school belonging," the email said.
"Students examined school-climate data, considered the effects of biased remarks and bullying, and reflected on actions that can help all students, including LGBTQ+ students, feel safer and more connected at school.”
“Lake Washington School District affirms the rights of parents and students. We support parents’ authority under Washington state law to opt their children out of sexual health curriculum and surveys, and we remain committed to ensuring that every student can learn in a safe and welcoming environment,” the statement concluded.
Anderson said parents with concerns about curriculum that may not align with their values should notify their child’s teacher and the administration asking for copies of the curriculum for anything questionable.
ADF attorneys filed Averkiev v. Lake Washington School District in the U.S. District Court for the Western District of Washington on Sept. 8, court records show.
