Doe v. Boyertown Area School District

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.

Case timeline

• Fall 2016: Without informing parents or students, Boyertown Area School District implemented a policy allowing students to use facilities of the opposite sex.
• October 2016: Joel Doe was changing in the boys’ locker room when he noticed a female student (who identified as male) also changing in the room. Joel reported the incident to an assistant principal, who told him to “tolerate it.”
• March 2017: Joel and his guardians filed a lawsuit against Boyertown Area School District. Other students including Alexis Lightcap later joined the suit.
• September 2017: After the federal district court allowed the school district’s unfair policy to stand, Alliance Defending Freedom and the Independence Law Center appealed the case to the U.S. Court of Appeals for the 3rd Circuit.
• November 2018: ADF attorneys representing Pennsylvania students and parents, along with the Independence Law Center, asked the U.S. Supreme Court to take up the case.
• May 2019: The U.S. Supreme Court denied hearing of Doe v. Boyertown Area School District.