Several Colorado families have filed an appeal alleging that Jefferson County Public Schools placed biologically male students who identify as female in overnight accommodations with girls based on gender identity — and did so without notifying parents or offering a same-sex alternative.
The conservative legal group Alliance Defending Freedom (ADF) submitted an opening brief Wednesday in the case Wailes v. Jefferson County Public Schools to the U.S. Court of Appeals for the 10th Circuit on behalf of four families. The filing challenges the district’s practice of assigning overnight lodging by gender identity and argues that the policy infringes parental rights, bodily privacy, and religious freedom.
According to the complaint, the lead plaintiffs, Joe and Serena Wailes, say their daughter had just completed fifth grade when she joined classmates on a school trip to Philadelphia and Washington, D.C., in the summer of 2023. The girl was assigned to a two-bed hotel room with three other students: two classmates from her school and one student from another district school.
The complaint states that as the students prepared for bed on the first night, the Wailes’ daughter discovered the student assigned to her bed was biologically male and identifies as a transgender female. The girl reportedly left to use the bathroom and called her mother, who was serving as a chaperone on the trip.
The family says the assignment contradicted prior assurances from district officials that boys and girls would be housed on separate hotel floors. The district’s written policy, the complaint alleges, permits overnight assignments based on gender identity and does not provide a process for families to opt out or to request accommodations based on biological sex.
The ADF brief also lists other incidents the plaintiffs say reflect a pattern. One example describes an 11-year-old boy at a school-run camp who was told his counselor would be male but later was supervised by an adult who is biologically female and identifies as non-binary; that adult was assigned to supervise the boys in their cabin and during showers, the filing says.
“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,” said ADF Senior Counsel Kate Anderson, director of the ADF Center for Parental Rights. “This fundamental right is especially vital for parents who wish to raise their children according to their religious beliefs and protect their children’s bodily privacy.”
The lawsuit asks the appeals court to overturn the district’s policy or require the district to provide prior notice and sex-separated alternatives for families who request them. Jefferson County Public Schools did not immediately respond to requests for comment.
Case status: The appeal is pending before the U.S. Court of Appeals for the 10th Circuit. The allegations in the complaint have not been proven in court.
