A family in Adams County has filed a federal lawsuit against state and local education authorities, claiming their daughter’s high school aided her “social transition” to a male identity without the parent’s knowledge or consent, in violation of their constitutional rights.
The lawsuit filed on Wednesday on behalf of John and Jane Doe alleges that their 14-year-old high school freshman, referred to as A.D., “asked a school counselor to help her socially transition to a male identity—’Z.D.’—at school. Following school policy, the counselor assisted A.D. with the transition, but neither the counselor nor anyone else at the school told the Does,” according to the lawsuit.
The lawsuit claims that a counselor at School District 27J then allowed for A.D. to take online therapy sessions on the counselor's computer so A.D.’s parents would not be aware of the social transition.
In a social transition, as opposed to a medical transition, a person changes their name, pronouns or gender expression, like clothing and hairstyles.
A spokesperson for 27J Schools said the district can’t comment on pending litigation. The lawsuit also names the State Department of Education, and Susana Córdova, the Commissioner of Education.
A spokesperson for the State Department of Education said in an email statement that the department was “still in the process of reviewing the lawsuit. From what we know so far, this is a challenge to a state law and a district-level policy. Given that this lawsuit was just recently received, we will need to continue reviewing it further before commenting.”
The lawsuit alleges that the school’s actions helped ruin their relationship with their child and eroded trust.
“While the Does informed the counselor they did not want A.D. to be socially transitioned, the school nevertheless continued to treat A.D. as if she were a boy,” reads the lawsuit, filed by conservative attorney and former Secretary of State Scott Gessler.
That is a violation, according to the lawsuit, of the Due Process Clause of the Fourteenth Amendment which, “protects the fundamental rights of parents to direct and control the upbringing of their children.” The lawsuit also claims that the district’s policy violates the parent’s First Amendment right to maintain certain intimate human relationships, including family relationships, without undue interference by the state.
The complaint says that A.D. came to realize that she doesn’t have a transgender identity, is “de-transitioning,” and is now “on the path to a happier and healthier life.”
It’s considered best practices by the National Association of Secondary School Principals to affirm a student’s wishes regarding gender, to prevent marginalization and victimization.
“All school staff should use the student’s preferred name and pronoun, which is a sign of respect to the student and affirms his or her gender identity,” reads a recommendations section on transgender students. “While it would be ideal for the parents or guardian to be supported and included in the transition process, school leaders must be mindful of protecting the student’s privacy and not creating an unsafe home climate for the student.”
The lawsuit notes that in April of this year a state law became effective which applies to all students regardless of age, and requires schools to refer to students by their chosen name and pronouns, but doesn’t provide a process for parental consent.
And even before passage of the state law, School District 27J had a policy in place “since at least February 2021” that allowed for students to go by different names and pronouns without parental consent in most cases.
“Moreover many school policies prohibit parental disclosure in most instances. As a result, public schools in the state are socially transitioning children to a different gender identity through the use of children’s preferred names and/or pronouns at school either over their parents’ objection or while their parents are kept in the dark,” reads the lawsuit.
No hearing is scheduled yet for the lawsuit, which was assigned to federal district court judge Charlotte N. Sweeney.
