In March of 2017 Joel Doe, a high school student in the Boyertown Area School District, and his parents filed a lawsuit against the school district alleging the Defendants “intentionally violated the bodily privacy rights of students by exposing them involuntarily to members of the opposite sex within private facilities like locker rooms and restrooms.” In April three additional students joined the lawsuit, which is set to be heard by a U.S. District Court judge for the Eastern District of Pennsylvania on Monday.
The complaint alleges “intentional violation of students’ fundamental
right to bodily privacy contrary to constitutional and statutory principles, including
the Fourteenth Amendment, Title IX, invasion of seclusion, and the Pennsylvania’s
Public School Code of 1949, which requires separate facilities on the basis of sex.”
According to the complaint, “The Defendants, without parent or student notification, authorized multiple students to have unrestricted access to enter and use the private facilities of the opposite sex.”
“By adopting gender identity theory as the basis for regulating access to private facilities, Defendants are violating sex discrimination law by not protecting students based on sex but instead imposing an individual’s subjective perception of their gender on other students who value their privacy based on anatomical differences between the sexes.”