A federal judge has denied a preliminary injunction sought by Jefferson County parents against a school district policy that allows transgender students to stay on overnight trips consistent with their gender identity.

U.S. District Judge Regina M. Rodriguez ruled Nov. 1 that the plaintiffs had not presented enough evidence to show that they were directly affected by the policy or were subject to immediate harm.

The lawsuit, filed in September by Serena and Joseph Wailes, Bret and Susanne Roller and Robert and Jade Perlman, focused on concerns about sharing rooms, beds or bathrooms with transgender colleagues during school-sponsored trips, drawing attention Great attention is paid to parents’ rights and student privacy due to their impact.

The denial of the injunction means that Jeffco’s policies will remain in effect as the case progresses.

Background of the case

The plaintiffs claim that Jeffco’s policy violated their fundamental right to determine the upbringing and education of their children. They claim the district’s approach to room assignments on school-sponsored overnight trips threatened their children’s privacy and conflicted with their religious beliefs.

The Alliance Defending Freedom, a legal organization that advocates for parental rights and religious freedom, agreed to represent the parents when the Wailes family contacted them after their daughter was roomed during a trip out of state with a transgender student had been assigned in June 2023.

According to the lawsuit, the Wailes were told their daughter would be sharing a room with three other fifth-grade girls. However, when she arrived at her hotel room the first night, she discovered that she had been assigned to share a bed with a transgender girl, the lawsuit says.

The Roller family’s 11-year-old son was assigned to a boys’ cabin during a school-sponsored field trip but felt uncomfortable being supervised by a transgender man, including during shower times, the documents say.

The case also states that the Perlman family joined the lawsuit to express concerns about potential privacy issues for their children on future trips, emphasizing that they participate in such activities for personal development and academic opportunities would have to.

The policy in question

The school district’s policy, titled “Equal Educational Opportunities – Transgender Students,” allows students to “share overnight accommodations with other students who share the student’s gender identity” rather than the student’s biological sex.

According to the policy, accommodations will be made on a case-by-case basis to “maximize the student’s social integration, provide equal opportunities to participate in overnight activities, and ensure the student’s safety and comfort.”

The policy goes on to say that transgender students “should be assigned to share their overnight accommodations with other students who share the student’s consistent gender identity at school.” Private housing is also available for any student who requests it , regardless of gender identity.

However, the plaintiffs argued that the directive violated their rights by not informing parents about the specific accommodation conditions, which limited their ability to make informed decisions about their children’s participation in such trips.

Concerns of the plaintiffs

The plaintiffs asked that Jeffco be barred from allowing their children to share rooms, beds or bathrooms with transgender students on upcoming trips, including a sixth-grade outdoor lab program and a trip to Washington, D.C., in 2025. They claimed that such agreements would cause harm.

“Plaintiffs allege that PP (Perlman’s child) will be harmed on the Outdoor Lab trip because on that trip he will be required to share a bed, bedroom, and shower with students of the opposite sex assigned to him at birth “, says the verdict.

However, the judge found no evidence to support this claim.

“Based on the available documentation and Jeffco’s specific representations regarding the actions taken on this voyage, this alleged harm is neither certain nor substantially probable,” Rodriguez wrote.

Alternative accommodations

The court found that the district has policies in place to address privacy concerns for all students. Accommodations include availability of private rooms, gender-segregated sleeping areas, and day participation for students who are uncomfortable with overnight stays.

“Jeffco’s policies do not require students of the opposite gender to share housing; Rather, the policy provides accommodations for transgender students to ensure that Jeffco complies with Colorado law and district policies that require all programs, activities and employment practices to be free from discrimination based on sex, sexual orientation, gender identity and expression ‘” Rodriguez wrote.

Jeffco argued that privacy-preserving accommodations were readily available and that families with concerns were asked to contact tour guides.

“Families requiring other types of accommodations for student travel are encouraged to contact their tour guide directly,” said a letter from the district cited by the court.

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