Kentucky school sued for expelling LGBT teen after she posed with rainbow cake
A Kentucky family is suing a Christian school, saying their daughter was expelled because she is gay.
After Kayla Kenney recently appeared in a photo with a rainbow shirt and cake for her 15th birthday, she was expelled from Whitefield Academy in Louisville, the lawsuit alleges. The school said the photo demonstrated “a posture of cultural acceptance contrary to that” of its beliefs, but Kayla’s parents say the school invaded her privacy by outing her.
“This decision (of stating one’s sexual identity) is one which can ripple, leading to repercussions in untold aspects of someone’s personal, social and family life,” according to the lawsuit filed Thursday in Jefferson Circuit Court. “This decision — when, where and how to ‘come out’ — is a profound endeavor that is the sole right of an LGBTQ person. And yet (Kayla), an LGBTQ child, has been denied that right.”
The lawsuit further says the school “inflicted serious emotional distress” on the 15-year-old girl. The family says Whitefield considers homosexuality “a disease.”
The school told various media outlets Kenney was not expelled for the picture from her birthday, but rather because of several conduct violations over the past two years.
“In the fall, we met with the student to give her a final chance to begin to adhere to our code of conduct,” the school said in a statement to WAVE 3. “Unfortunately, she did not live up to the agreement, and therefore, has been expelled.”
The statement from the school also says parents who enroll their children there know students are asked to adhere to a lifestyle based on Christian beliefs. The school’s student handbook says homosexual orientation or the inability to support Biblical standards is not “in harmony” with its beliefs.
Bruce Jacobson, the head of Whitefield Academy, would not say whether the photo of Kayla led to her expulsion, the Courier-Journal reported. However, the family alleges in the lawsuit that Whitefield said the photo was “the last straw.” Jacobson noted the photo in an expulsion letter provided in the lawsuit.
Prior to the expulsion, Kayla never disclosed her sexuality with her parents or publicly, according to the lawsuit.
Kayla had been on school “probation” since October, when she was found at the school with Juul pods, but she has not had any disciplinary issues or academic issues since, the lawsuit states.
As part of the probation, Kayla was required to begin counseling with a school administrator, and she was counseled on her sexuality, her family says in the lawsuit. She was assigned in October to read the book “Gay Girl, Good God,” byJackie Hill Perry, according to the lawsuit.
Two months later on Kayla’s 15th birthday, her mother ordered a cake of “assorted colors,” and the receipt did not state anything regarding the LGBTQ movement or the word “rainbow,” the lawsuit said.
“It was a happy moment,” Kimberly Alford told WAVE 3. “We were celebrating her 15th birthday. The day God gave me her. Not supporting any sexuality or anything like that.”
After Kayla’s mother, Kimberly Alford, posted the photo of her daughter on Facebook, an unknown individual reportedly took a screen shot and sent it to the school.
“Whitefield expelled (Kayla) because on her mother’s private social media page, she appeared in a photo where she appeared gay in the opinion of Whitefield administration,” according to the lawsuit.
Less than a week later, Kayla’s parents received an email notifying them of her expulsion. The parents claim in the lawsuit the school did not ask Kayla her sexual orientation prior to the expulsion.
“They made an assumption about a child’s sexual identity based on a birthday cake and a sweatshirt,” the family’s attorney, Georgia Connally, told WDRB.
The family is suing the school for breach of contract, defamation, intentional infliction of emotional distress and invasion of privacy.
Kayla attended Whitefield since sixth grade but now attends a public school, according to NBC News.
Alford told the Courier-Journal that Kayla is adjusting “really well” at her new school, though she seems stressed and overwhelmed.
“I felt like (Whitefield Academy) had a positive impact on her, but I just feel like those religious beliefs they are imposing now are very judgmental,” she said. “That’s not what I wanted for her.”
This story was originally published January 24, 2020 at 11:17 AM.