The parents of a Kentucky high school freshman who appeared in a picture wearing a rainbow sweater and coordinating birthday cake, have claimed in a lawsuit that the Christian Academy expelled her because they ‘believed she was gay’.
Kimberley Alford and Mark Kenney, the parents of Kayla Kenney, sued Whitefield Academy on Thursday, alleging a breach of contract for releasing the 15-year-old’s personal records and for not following their own policy on discipline.
‘Everybody’s journey is individual. If you fall in love with a boy, you fall in love with a boy. If you fall in love with a girl, you fall in love with a girl,’ the lawsuit states. ‘The fact that [Whitefield Academy] consider[s] is a disease [or a sin] says more about them than it does about homosexuality.’
The filing to Jefferson County Circuit Court adds: ‘Essentially, the school expelled K.K. because they believed she was gay. As such, in Whitefield’s view, it would be difficult to “achieve the goal of [K.K.] becoming Christ-like”.’
The parents of Kayla Kenney (pictured), 15, filed a lawsuit Thursday. The high school freshman was kicked out of her Christian private school after she posed in a rainbow shirt with a rainbow birthday cake
The lawsuit alleges Whitfield Academy (pictured) in Kentucky expelled her because they ‘believed she was gay’
Her mom Kimberley Alford (left) posted a photo of Kayla celebrating her birthday on social media and previously said the post didn’t allude to any relation with the LGBTQ Pride movement, which bears the rainbow flag symbol. She said: ‘I went back and got the receipt from the bakery, it didn’t say anything about representation, it just said assorted colors’
The filing also alleges defamation, intentional infliction of emotional distress, and invasion of privacy by the school
Kenney was expelled on January 6 and her family found out via email a few days after the photo was posted on her mother’s Facebook page.
Alford said Dr. Bruce Jacobson, the Head of School, sent an ’email expelling Kayla from Whitefield immediately due to a post on social media’.
The school expelled her effective ‘immediately’ for the picture that ‘demonstrates a posture of morality and cultural acceptance contrary to that of Whitefield Academy’s beliefs’.
However, the post didn’t allude to any relation with the LGBTQ Pride movement, which bears the rainbow flag symbol. Alford previously said there was no hidden agenda or meaning behind the picture – her daughter was simply celebrating her birthday.
‘[Kayla] loves to laugh and dance and that’s just her. There was nothing intended by that and even when I went back and got the receipt from the bakery, it didn’t say anything about representation, it just said assorted colors,’ Alford explained.
The school’s code of conduct addresses sexual orientation and says if a student’s off-campus behavior isn’t in line with the school’s beliefs, that student can be disciplined.
The school claimed the picture was the latest stint in two years’ worth of ‘lifestyle violations’.
![The lawsuit adds: 'Everybody’s journey is individual. If you fall in love with a boy, you fall in love with a boy. If you fall in love with a girl, you fall in love with a girl. The fact that [Whitefield Academy] consider[s] is a disease [or a sin] says more about them than it does about homosexuality'](https://i.dailymail.co.uk/1s/2020/01/26/15/23892480-7931409-image-m-7_1580051760391.jpg)
The lawsuit adds: ‘Everybody’s journey is individual. If you fall in love with a boy, you fall in love with a boy. If you fall in love with a girl, you fall in love with a girl. The fact that [Whitefield Academy] consider[s] is a disease [or a sin] says more about them than it does about homosexuality’
The parents are also suing American Conservative and name journalist Rod Dreher who wrote: ‘Part of what she has allegedly done is promoting LGBT consciousness in the school, including aggression on that front. I’m trying to be delicate here, but I can tell you that she has transgressed against other students on this front, to promote bisexuality’
News of the girl’s expulsion led to the publishing of an American Conservative article titled Rainbow Cake Girl: The True Story.
In the article journalist Rod Dreher writes: ‘My understanding is that [the child] had a long, specific list of repeated infractions — bullying, disrespecting teachers, vaping in school (as Alford acknowledges), and so forth.
‘Part of what she has allegedly done is promoting LGBT consciousness in the school, including aggression on that front. I’m trying to be delicate here, but I can tell you that she has transgressed against other students on this front, to promote bisexuality. For example, she allegedly drew rainbows and wrote slogans like “bi pride” on other kids’ papers, and gave at least two different girls the impression that she was sexually harassing them.’
But the lawsuit claims Kenney’s record only has her down for cutting lunch once and getting caught with a Juul cigarette.
Kenney’s parents claim that after the cigarette incident she was referred to the school counselor was given a book titled Gay Girl, Good God: The Story of Who I Was, And Who God Has Always Been.
The lawsuit cites that the school’s disciplinary policy includes ‘an opportunity for mercy and grace through contrition’.
The school previously said the photo ‘demonstrates a posture of morality and cultural acceptance contrary to that of Whitefield Academy’s beliefs’. However Kayla’s family said there was no special meaning behind her rainbow shirt and cake
The filing also alleges defamation, intentional infliction of emotional distress, and invasion of privacy by the school and the Conservative publication.
Whitefield Academy has denied she was expelled solely for the picture.
‘Inaccurate media reports are circling stating that the student in question was expelled from our school solely for a social media post. In fact, she has unfortunately violated our student code of conduct numerous times over the past two years,’ a statement read.
‘In the fall, we met with the student to give her a final chance to begin to adhere to our code of conduct. Unfortunately, she did not live up to the agreement, and therefore, has been expelled.
‘Whitefield Academy is a Christian-based school with a 43-year history of educating students in a learning environment informed by our shared Christian values. All parents who enroll their children in our private school know up front that we ask the students to adhere to a lifestyle informed by our Christian beliefs.
‘There are numerous school options in our community for students who do not wish to attend a Christian-based school, and we wish our former student all the best as she finds a learning environment that is right for her.’
Private Christian school Whitefield Academy has denied that she was expelled on January 6 (notice of expulsion is pictured) solely because of the birthday cake picture
Alford previously said she didn’t know how the school came to its conclusion and said she had filed an appeal against the expulsion.
However, she claimed school administrators refused to meet with Kenney and her family.
The school’s statement continued: ‘Whitefield Academy is accredited by ACSI/AdvancEd and a member of the Non Public School Commission of Kentucky, and therefore we meet all Kentucky regulations and laws.
‘Our code of conduct is on par with other private Christian schools in our area. It is unfortunate that one of the student’s parents chose to post internal family matters on social media, and we hope our former student is not adversely affected by what her parents chose to make public about her situation.’
Kenney was a freshman at the school, where tuition costs $7,800 a year.
The school did agree to list her withdrawal from the school as voluntary so it won’t show on her school record. Kenney now attends a public school.