School Trip Policies Spark Major Alliance Defending Freedom Lawsuit

Alliance Defending Freedom (ADF) attorneys, on behalf of three Colorado families, have filed a lawsuit against Jefferson County Public Schools (JCPS) in Colorado. The lawsuit challenges the school district’s policies regarding overnight accommodations on school trips.

What is Alliance Defending Freedom?

Alliance Defending Freedom (ADF) is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.

Alliance Defending Freedom Church & Ministry Alliance, a specialized branch of Alliance Defending Freedom, offers tailored legal assistance to faith-based organizations. This dedicated division works to safeguard the essential freedoms of religious groups, striving to ensure their ability to exercise and communicate their beliefs without unnecessary restrictions or obstacles.

The lawsuit,Wailes v. Jefferson County Public Schools, was sparked by JCPS’s policy of assigning students to overnight accommodations based on their gender identity rather than their biological sex. The plaintiffs argue that this policy, and the district’s failure to adequately inform parents about it, violates their fundamental right to make decisions about their children’s upbringing and education.

The lawsuit cites two specific incidents that have raised concerns among parents. In one case, a fifth-grade girl was assigned to share a bed with a male student who identified as a girl during a district-sponsored trip to Philadelphia and Washington, D.C.

In another instance, a sixth-grade boy was assigned to a cabin with an 18-year-old female counselor who identifies as” non-binary” during an “Outdoor Lab” camping trip. According to the lawsuit, not only was the counselor sleeping and changing in the same cabin as the boys but she was also assigned to supervise their showers.

The parents involved in the lawsuit requested several accommodations from JCPS, including the option to opt their children out of the gender identity-based rooming policy, advance notification about the policy, and alternative accommodations for students who may feel uncomfortable.

However, according to the lawsuit, JCPS has denied these requests and stated that it will continue its current practices.

Alliance Defending Freedom attorneys presented four main causes of action, each highlighting a different aspect of the plaintiffs’ concerns.

First, the suit claims that the school district’s policies infringe upon the parents’ fundamental right to direct their children’s upbringing and education. This argument is grounded in the Fourteenth Amendment of the U.S. Constitution and asserts that parents should have the authority to make decisions about their children’s privacy and exposure to the opposite sex in intimate settings.

Second, the lawsuit invokes the First Amendment’s protection of the parents’ religious freedom. The plaintiffs contend that the district’s policies place a burden on parents who wish to raise their children according to their religious beliefs, particularly regarding modesty and interactions between sexes.

Third, the legal action focuses on students’ rights, arguing that they have a fundamental right to bodily privacy. This includes protection from exposure to the opposite sex in intimate settings, an argument also based on the Fourteenth Amendment.

The fourth cause of action addresses the students’ free exercise of religion. This claim asserts that the school district’s policies force students to violate their sincerely held religious beliefs about modesty, the immutability of sex, and relationships between the sexes. The plaintiffs argue that placing students in overnight accommodations with individuals of the opposite biological sex, regardless of gender identity, conflicts with their religious convictions.

A key point of contention in this case is what the plaintiffs describe as a lack of transparency from the school district. They allege that parents were not fully informed about the accommodation policies, which they argue interferes with their ability to make informed decisions about their children’s participation in school activities.

In a statement on Alliance Defending Freedom Media, Senior Counsel Kate Anderson, director of the ADF Center for Parental Rights, said that 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,” Anderson added.

The outcome of this lawsuit could shape policies and practices in schools nationwide, making it a case worth watching closely.