A school district in a state that has become a haven for gender ideology is now facing a lawsuit in a higher court over who they expected an 11-year-old girl to share a bed with on a cross-country trip.
In recent years, leftists have increasingly passed laws and instituted policies advancing the alphabet agenda that seemingly dismiss both biological reality and the concerns of those who adhere to it. Now, Jefferson County Public Schools is facing a lawsuit from parents Joe and Serena Wailes after their then-fifth-grade daughter was assigned a bed with a boy from a different school because he claimed to be a girl.
“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,” detailed the press release from the parents’ representation, Alliance Defending Freedom.
As previously reported, in June 2023, the Wailes sent their daughter along with classmates on a trip to Philadelphia, Pennsylvania, and Washington, D.C., where she was assigned a two-bed-room with two girls from her school and a boy from another school who was meant to share her bed.
“We were definitely not aware of that before we went on the trip,” the mother told The Daily Signal in 2023. She had been along for the travels, and her “terrified and really upset” daughter had absconded to the bathroom to call her when confronted with the prospect of sharing a bed with a boy.
11-yr-old girl left ‘terrified’ after she was assigned to share bed with biological boy on school field trip https://t.co/CgXEM7vyXL via @BIZPACReview
— BPR based (@DumpstrFireNews) December 5, 2023
The resolution at the time had been for the boy to relocate to a bunk with a different girl in another room, but now, after a lower court dismissed Wailes v. Jefferson County Public Schools, the ADF filed its opening brief Wednesday with the U.S. Court of Appeals for the 10th Circuit.
“Parents, not government bureaucrats, have the right and responsibility to direct the upbringing and education of their children, and that includes making informed decisions to protect their children’s privacy,” read a statement from ADF Center for Parental Rights Director and Special counsel Kate Anderson as the suit seeks to end the requirement that children on school-sponsored overnight trips share bedrooms and shower facilities with members of the opposite sex.
“This fundamental right is especially vital for all parents who wish to raise their children according to their religious values and protect their children’s bodily privacy,” added Anderson. “Jefferson County Public Schools claims to ‘freely grant accommodations to all,’ yet they will not offer equal accommodations to religious students to access educational opportunities without sacrificing their bodily privacy.”
Along with the Wailes’ case, the suit cites other similar situations, including one where an 11-year-old boy and his peers were assigned an 18-year-old female high school student to be the room-in counselor at a school-run camp and indicated the “student identified as ‘non-binary.'”
This year, ADF has also taken up the cause of Christian summer camp Camp IdRaHaJe over the state’s regulation requiring adherence to gender ideology for bathing areas, changing rooms, and sleeping quarters to maintain licensing while denying a religious exemption.
Christian summer camp sues state over gender ideology requirements https://t.co/kmT9woploC via @BIZPACReview
— BPR based (@DumpstrFireNews) May 20, 2025
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