The lawsuit, which was filed by the Alliance Defending Freedom (ADF), a prominent conservative legal organization, centers on the school district’s policy of rooming students based on gender identity rather than biological sex. ADF argues that this policy infringes on a family’s right to make decisions about their children’s upbringing and education, including the right to protect their children’s bodily privacy.
The case, titled ‘Wailes v. Jefferson County Public Schools,’ was officially filed in the U.S. Court of Appeals for the 10th Circuit on Wednesday, with ADF representing four families whose children were allegedly placed in same-sex accommodations during school trips. The lawsuit claims that the district’s practices violate constitutional protections by forcing parents to accept policies that they were not consulted about or given the option to opt out of.
Mother Serena Wailes, whose daughter was reportedly affected by the policy, described the situation as traumatic for the child, who learned that her assigned roommate was biologically male and transgender on the first night of the trip. According to the complaint, the girl called her mother, who was serving as a chaperone, after realizing the room assignment. This incident is said to have occurred despite assurances from district officials stating that boys and girls would be placed on separate floors in the hotel.
Jefferson County Public Schools’ policy allows for students to be assigned overnight accommodations based on their gender identity, and the lawsuit states that the district does not provide an option for families to request separate accommodations based on biological sex. ADF senior counsel and director of the ADF Center for Parental Rights, Kate Anderson, emphasized the importance of parental rights, stating that the policy represents a breach of the fundamental rights of families to guide their children’s education and upbringing.
Other instances highlighted in the lawsuit include situations where families’ concerns were ignored by school officials. For example, a family reported that their 11-year-old son was told his counselor would be male, but the counselor turned out to be a biologically female adult who identifies as non-binary, responsible for supervising the boys during showers and in their cabin. These instances, according to the lawsuit, demonstrate a pattern of policy implementation that disregards parental consent and input.
ADF is currently seeking a comprehensive legal ruling that would challenge the district’s policy on the grounds that it undermines the rights of both families and students to have control over their education and personal space. The case has the potential to set a legal precedent, especially regarding the balance between accommodating transgender students and upholding parental rights in public education settings.