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Concluded U.S. Courts of Appeals

Doe v. Boyertown Area School District

Principal tells student to ‘tolerate’ undressing with student of opposite sex, make it as ‘natural’ as possible

Doe v. Boyertown Area School District

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.

Case Documents

Court
Title
Date
U.S. Supreme Court
5/28/2019
U.S. Supreme Court
2/11/2019
U.S. Supreme Court
12/21/2018
U.S. Supreme Court
12/21/2018
U.S. Supreme Court
12/20/2018
U.S. Supreme Court
12/20/2018
U.S. Supreme Court
12/19/2018
U.S. Supreme Court
12/18/2018
U.S. Supreme Court
11/19/2018

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

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Christiana Holcomb
Christiana Kiefer
Senior Counsel
Christiana (Holcomb) Kiefer serves as senior counsel with Alliance Defending Freedom, where she is a key member of the Center for Conscience Initiatives.
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John Bursch
John Bursch
Senior Counsel, Vice President of Appellate Advocacy
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom.