Summary
Without informing students or their parents, the Boyertown Area School District in Pennsylvania changed its policy to allow students who identify with the opposite sex to access opposite-sex privacy facilities. In October 2016, Joel Doe was changing for gym in the boys’ locker room, and noticed a female student (who identifies as a male) also changing in the locker room. Both students were in a state of undress. When Doe reported the incident to his assistant principal, he was told to “tolerate it” and “make it as natural as possible." Subsequently, Alexis Lightcap encountered a boy washing his hands in the girls’ bathroom. She, too, reported the incident, but the school administration took no action.
On November 19, 2018, Alliance Defending Freedom attorneys representing these Pennsylvania students and their parents, along with Independence Law Center, asked the U.S. Supreme Court to take up their case. Unfortunately, the High Court declined to hear the case for now, sending it back to the trial court for additional proceedings.
What's at stake
Protecting the privacy, safety, and dignity of all students.
Our role in this case
ADF attorneys are co-counsel in the case.
Press Releases
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US Supreme Court won't weigh in on whether schools can allow violation of students' bodily privacy -
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Pa. students ask US Supreme Court to reverse decision that allows violation of their bodily privacy -
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Pennsylvania students appeal decision that allows violation of their bodily privacy -
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Students, parents ask appeals court to stop Pa. school district from violating bodily privacy -
Three students join bodily privacy suit against Pennsylvania school district
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Student sues Pennsylvania school district for sexual harassment, violation of personal privacy
Commentary
Case Documents
Additional Resources
One Page Summary
Alexis Lightcap: Girls and boys shouldn't do everything together (Philadelphia Inquirer, 2018-05-24)
Kellie Fiedorek: Dignity and fairness matter for every child in the locker room (Daily Signal, 2017-04-14)
Bio: Randall Wenger and Jeremy Samek
Case Profiles
