BLOGWe Cannot Give up on Student Privacy Rights. That’s Why We Are Appealing This Case.

By Sarah Kramer Posted on: | September 26, 2017

It’s uncomfortable enough in high school to change in the locker room with classmates of the same sex, much less to do so with classmates of the opposite sex.

Yet, a few school districts across the U.S. that are implementing policies that would open up locker rooms and other private facilities to members of the opposite sex. On top of that, they are telling students who are understandably concerned about their privacy that they just need to accept it and act natural.

That’s exactly what happened at Boyertown Area School District in Pennsylvania, when the school district quietly changed its policies to allow students into the sex-specific facilities of their choice, based on how they identify.

Alliance Defending Freedom is representing four students who are challenging this policy in court. A lower court upheld the school district policy, but we are appealing the case.

The case began when a high school boy was surprised to see that a biological girl was undressing with him in the boys’ locker room. No less surprising was the student soon learned that the school district adopted a new policy authorizing the girl to use boys’ facilities without even informing the students or their parents about the radical new policy.

Even worse, when this student told school administration about the incident, they told him to “tolerate” it and to act as “natural” as possible.

So, why does the gender ideology of one student trump the privacy rights of another? Or, for that matter, trump the privacy rights of the rest of the students on campus?

As ADF Allied Attorney Jeremy Samek, who argued this case before the court, put it:

Many students and parents are rightfully concerned that the district’s new policy permits a student to unilaterally violate the privacy rights of other students based simply on that student’s beliefs about gender. A person’s privacy rights are theirs and theirs alone. Beliefs about gender shouldn’t be a license to violate privacy inside boys’ or girls’ locker rooms and restrooms. That defeats the very purpose of sex-separated facilities.


Student privacy rights should never be sacrificed to advance a political agenda.

There are commonsense and compassionate solutions for students who identify as the opposite sex, as well as the students who don’t. The school district has neglected its duty to protect privacy for all of its students in this case, which is why ADF will continue advocating for these students and their parents.

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Sarah Kramer

Digital Content Specialist

Sarah worked as an investigative reporter before joining the Alliance Defending Freedom team.

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