Three families in the United States have filed a lawsuit against a group of schools in Colorado for “violating parents" fundamental right to make decisions about the upbringing and education of their children.”
The families, who are being represented by lawyers from Alliance Defending Freedom (ADF), have brought the action against Jefferson County Public Schools (JeffCo) which has a policy directing that students should be “assigned to share overnight accommodations with other students that share the student’s gender identity” rather than rooming by sex.
The families claim that while JeffCo tells parents that “girls will be roomed together on one floor, and boys will be roomed together on a different floor,” they have redefined the words “girl” and “boy” to mean a student’s self-asserted “gender identity” rather than sex.
Joe and Serena Wailes allowed their 11-year-old daughter to attend a district-sponsored trip to Philadelphia and Washington, D.C. They were told their daughter would be rooming with three other girls. It wasn’t until their daughter was in her room getting ready for bed on the first night of the trip that she discovered she was to share a bed with a boy who identified as a girl. Afterward, the family sent two letters to JeffCo requesting reasonable accommodations—asking the school district to allow parents to opt their children out of any policy, prior to an overnight trip, that rooms children by gender identity rather than sex. However JeffCo is said to have repeatedly denied their request.
Bret and Susanne Roller sent their 11-year-old son on an annual camping trip and were told their son would be in a cabin with six to 30 other boys, including a male high school counsellor. It wasn’t until their son was in the mountains that he realized the 18-year-old counsellor was not male but a “non-binary” female. The Rollers’ son soon found out that this counsellor was also tasked by JeffCo to supervise the boys’ showers.
ADF Senior Counsel Kate Anderson, who is director of the ADF Center for Parental Rights said:
“Parents, not the government, have the right and duty to direct the upbringing and education of their children, and that includes making informed decisions to protect their child’s privacy…
“This fundamental right is especially vital for parents to protect their children from violations of bodily privacy by exposure to the opposite sex in intimate settings, like sleeping arrangements or shower facilities. If Jefferson County Public Schools is going to continue placing students of the opposite sex in the same room on overnight trips—as it confirmed it would—the district must let parents be the ones to make decisions about their children's privacy. And they must provide the information necessary and inform parents about the policy so parents can make the best decisions for their children. The district must grant our clients’ reasonable request for accommodations that can be accomplished in a number of confidential ways that protect the privacy of all students.”
JeffCo said it will continue to assign students to hotel rooms, cabins, and other overnight accommodations by gender identity. It has also refused to provide an accommodation for students attending trips if they are uncomfortable or it violates their religious beliefs to stay in an intimate setting with a student of the opposite sex. JeffCo has said that it will not agree to notify parents, or students, in advance that this is district policy.
ADF lawyers say that as a result, parents will not have the information they need to protect their child’s privacy until it is too late—when the parents are not there; when the burden falls on the child to ask her roommates about their sex; and when there is a greater risk of causing all students discomfort or embarrassment.
ADF attorneys filed the lawsuit, Wailes v. Jefferson County Public Schools, in the U.S. District Court for the District of Colorado.