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September 9, 2024 7 mins
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Speaker 1 (00:00):
Now we're going to shift gears completely with this conversation
because there's a lawsuit that's been filed against Jefferson County
Public Schools and joining me now Malory Slate. She is
the legal counsel on the parental rights team at the
Alliance Defending Freedom and they are working with the parents
on this case. Mallory welcomes the show.

Speaker 2 (00:19):
Thank you so much for letting me come on.

Speaker 1 (00:21):
Mandy, Well, I find this case very very interesting and
I'm interested in finding out more details because I'm not
a lawyer, but my father was one and I slept
it a holiday in last night, so of course I
have an opinion the case itself. Describe what's going on,
Describe the case as it is now, and then I'll
just ask my questions.

Speaker 2 (00:42):
Absolutely so, we represent three different families in Jeffco. And
they are concerned about a policy from Jefferson County Public
Schools called the Transgender Students Policy. What this policy does
is it says that on all overnight trips for all
students Jeffco, they will be roomed by gender identity rather

(01:03):
than sex. So what that means to our clients is
they sent their daughter an eleven year old girl on
a trip to Washington, d C. All the way across
the country, and she shows up in her hotel room
for that night and is about to climb into bed
and is told by her bedmate that he is a
boy and not a girl, and she had no idea.
The parents had no idea. Similarly, the Roller family sent

(01:27):
their son to outdoor lab where they have no communication
with him for four days. They pick him up at
the end of the trip and are told that their
son was in a room with an eighteen year old
female student who was told to oversee not only his
sleeping and changing, but also to supervise his showers. So
this policy has a significant impact on families and children

(01:50):
within JEFSCO.

Speaker 1 (01:53):
These are my questions because you just laid it out perfectly.
It's my understanding that in the case of the first child,
that the school district is now saying they did not
know that that child was biologically a male. Have you
do have any reason to believe or dispute that as
of right now.

Speaker 2 (02:13):
Well, we know that their policy says that the school
district is required to keep a a notification of these
students in legal burst sex. So it doesn't quite make
sense to say that the school district was unaware when
when that would be a violation of their own policy.

Speaker 1 (02:33):
Okay, so they either violated their own policy or they're
not being honest currently. In the second case, you have
the case and I believe that was a non binary woman.
You said that was overseeing these kids. How Yet, I mean,
what is the policy for are they supposed to room
with other males? That's the one that I have more

(02:54):
questions about because it wasn't actually a student. It was
someone that was going to be a chaperone. Were they
from the district or were they from Outdoor ed?

Speaker 2 (03:03):
So it was a student. She was an eighteen year
old high school senior. And for Outdoor Lab they have cabins,
and then within each cabin that has eleven and twelve
year old students in sixth grade, they are assigned anywhere
from one to four student counselors who are high school
students who volunteer. Those high school students are allowed to

(03:26):
decide completely of their own will whether they would like
to room with the eleven year old boys or the
eleven year old girls. So this eighteen year old student
who kind of went back and forth from identifying as
email or identifying as non binary for some reason decided
that she wanted to room with the boys, and no

(03:48):
one in jetpo questioned that and simply just put her
in the boys cabin.

Speaker 1 (03:52):
That's ridiculous. I mean, that is just absolutely ridiculous. So
what are you hoping the outcome of this case will be,
Because in my experience, it's not just about getting justice
for these families, but it's seeking a better policy going forward.

Speaker 2 (04:11):
That's exactly what we want. And we're not even asking
them to get rid of the policy or completely rewrite
the policy. We're asking two very simple things. First, that
they notify parents in the district prior to trips that
their policy is to room by gender identity. Right now,
when parents get home, you know, page after page of

(04:31):
papers to sign and review and policies, they're not given
this policy. So parents are not told prior to the
trip that this is the policy. Second, we're asking for
some type of accommodation for parents or students who don't
feel comfortable sleeping in the same bed or room or
cabin with a student of the opposite sex. Just like

(04:53):
the students who are transgender are permitted to pick where
they want a room. Our clients are simply asking that
they could choose where their children room and who they
room with.

Speaker 1 (05:04):
And you know, I don't think this is an unreasonable ask.
I know that it makes things much more complicated as
these trips are being planned when you've got all these
different rooming requests, But it seems to me that this
is not an unreasonable situation. So where's the case right now.

Speaker 2 (05:21):
Well, we've actually sent two letters to jeffco back in
December and January and asked if they would be willing
to work with us and to create some kind of
simple accommodation or opt out where it could be done
completely anonymously and confidentially. That they were not willing to
work with us, So they really left us no option
but to file a lawsuit. So last week we filed

(05:43):
a lawsuit, and we are requesting those two simple things
that I laid out that they could do very easily.
For instance, when they sent home those papers before a trip,
they can have a box that says do you submit
to this policy or would you like to opt out?
And you can simply check a box, and then they
can room children who want to opt out of the

(06:04):
policy together and children who are okay with the policy,
they can room them together.

Speaker 1 (06:09):
There you go. I mean it makes so much sense,
but of course you're dealing with the school district, so
nothing they're doing right now and jeff Co makes sense
to me. But that's the story for another time. Malorie Slade,
I really appreciate you taking time for us today. Now,
what is the next step and what do you guys speculate?
And I realize I'm saying speculate for a reason would

(06:30):
be the time frame for disposition of this case.

Speaker 2 (06:36):
So we foled last week and Jeffco has twenty one
days to respond to our complaint and then we'll go
from there. And like I said, we would love to
work with them, and we would hope that they would
want to work with the people in their district, especially
parents who are really involved parents and who are simply
trying to protect all children within the district. But so

(06:58):
far they've been unwilling to do that, so we'll have
to let the court decide.

Speaker 1 (07:02):
All right, Malorie Slate with Alliance Defending Freedom. I appreciate
your time today.

Speaker 2 (07:07):
Thank you so much for having me on no problem,
thank you.

Speaker 1 (07:10):
I would lose my mind

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