Colorado parents are taking legal action against their local school district after an incident involving an overnight school trip where a transgender-identifying male student was allegedly placed in the same hotel room — and ultimately the same bed — with an 11-year-old girl. Alliance Defending Freedom (ADF), a conservative legal organization, filed a lawsuit claiming the district’s policy allowing biologically male students to room with female students without parental consent violates parents’ rights and exposes children to potentially unsafe situations.
The lawsuit, ‘Wailes v. Jefferson County Public Schools,’ was filed with the U.S. Court of Appeals for the 10th Circuit on behalf of four families. The complaint alleges that the district’s policy violates parents’ fundamental right to make decisions about their children’s upbringing and education, and puts students in uncomfortable or potentially unsafe situations. According to the complaint, the district’s policies allowed biologically male students to share overnight accommodations with girls based solely on gender identity without notifying parents or seeking their consent. This has led to multiple instances of children being placed in such situations, including an 11-year-old boy whose counselor was allegedly a biologically female adult who identifies as non-binary and was assigned to supervise the boys in their cabin and during showers.
The parents, Joe and Serena Wailes, reported that their daughter was assigned to a two-bed hotel room with three other students — two girls from her school and one from another school in the district. The suit stated that as the children prepared for bed on the first night, their daughter learned that her bedmate was biologically male and identifies as a transgender female. The girl reportedly went into the bathroom to call her mother, who was nearby serving as a chaperone. The room assignment came despite assurances from district officials that boys and girls would be placed on different hotel floors, the lawsuit said.
Jefferson County Public Schools’ policy reportedly states that students may be assigned overnight accommodations based on gender identity, with no opt-out provisions for families. ADF Senior Counsel Kate Anderson, director of the ADF Center for Parental Rights, stated in a press release that the district’s policy of rooming students by gender identity rather than sex without prior notice or a sex-separated alternative violates the families’ free exercise, bodily privacy, and parental rights. The lawsuit also cites several other instances in which children were placed in similar situations, emphasizing the concern over the impact on children’s privacy and safety.
American Civil Liberties Union of Colorado previously challenged similar policies, arguing that they could lead to situations where students are exposed to inappropriate behavior. The case has drawn attention due to its implications for parental rights versus institutional policies on gender identity and inclusion. Jefferson County Public Schools did not immediately respond to a request for comment from Fox News Digital, leaving the issue unresolved as the legal process unfolds.
The legal battle highlights the ongoing debate over how schools should handle gender identity policies, especially in terms of accommodation versus privacy. Parents’ concerns regarding their children’s safety and the right to make decisions about their children’s upbringing are central to the lawsuit, raising broader questions about the balance between individual rights and institutional responsibilities in educational settings.