A Wyoming school district is being sued by the parents of a teenage girl after they allegedly allowed her to self-identify as a boy while in their freshman year of high school.
Sean and Ashley Willey, of Rock Springs, are the parents of a teenage daughter who identified as a boy during her freshman year of high school.
The Willey’s lawsuit, filed in April, alleges how school district staff used a male name and pronouns for their child without their knowledge for a period of six months during 2021 and 2022.
The Willeys, who are both teachers, only discovered the school district’s actions when Mrs Willey overheard a conversation between two school district employees.
The Sweetwater County School District No. 1 has since moved to dismiss the Willey’s case by downplaying the damage that was done to the parents – namely because they had no idea that school staff were using different pronouns to refer to their child.
Sean and Ashley Willey, of Rock Springs, are the parents of a teenage daughter who identified as a boy during her freshman year of high school
The Willey’s only discovered the school district’s had been using male pronouns to address one of their daughters when Mrs Willey overheard a conversation between two school district employees
However, in doing so, a series of documents, including emails between teachers have revealed how discussions took place behind closed doors between educators about the issue.
They show that staff knew full well that the parents were being kept in the dark about their own child’s decision.
Ashley Willey only learned about her daughter’s request to be addressed as a boy following a misunderstanding at a teacher training event in March 2022.
Willey was present because she also works as a junior high school teacher in the same district, according to the Willeys’ lawsuit complaint.
While speaking with high school teachers, she tried to find out if they knew her daughter but at first, they did not seem to know of her.
The student attends Butte High School. Principal Bryant Blake is pictured in front of his school. Blake is named in the lawsuit that has been filed
Sean and Ashley Willey of Rock Springs, Wyoming are both teachers. They say that since they sued Sweetwater County School District No. 1 for allegedly gender transitioning their teen behind their backs that other local parents have told them they had similar experiences with the district
‘It goes by (male name),’ said one teacher to another, after some confusion.
‘No, she goes by (female name),’ responded Ashley Willey.
Willey then asked how her daughter had been going by a male name at the school.
She was told that her daughter had been addressed using male pronouns for the entire school year up to that point.
Willey was informed that teachers are required to use transgender names and pronouns for students who request it – even if it violates religious and free-speech rights.
Willey was told that as a teacher herself, she would similarly not be able to inform parents about their children’s alternate identities at school, even if the parents asked her directly.
The District told Willey that she could not let her religious beliefs against using false names and lying to parents get in the way of following their directives.
The School District claims that teachers have not been told to lie to parents about the school’s procedures but that a student’s right to privacy must also be respected
The lawsuit has been filed against Sweetwater County School District No. 1, superintendent Kelly McGovern, assistant superintendent Nicole Bolton, director of student services Kayci Arnoldi and Black Butte High School principal Bryant Blake.
The School District’s motion seeks to dismiss the couple’s claim on the notion that they ‘lack standing’ and ‘do not constitute a valid case.’
The district argues that the mother, Ashley Willey, has not been harmed by her daughter being referred to using male pronouns and her request – and is unlikely to be harmed in the future.
‘Ms. Willey has never been in a position where she has been required to refer to a student by pronouns she finds objectionable — whether on religious grounds or otherwise,’ says the district’s motion.
The School District also claims that teachers have not been told to lie to parents about the school’s procedures.
‘Ms. Willey alleges throughout her complaint that her civil rights will be violated by being required to lie,’ says the motion. ‘The district procedure in question does not require or encourage any teacher to lie to anyone.’
The School District states the Willeys, who are the parents of six children, have the right to raise their children as they see fit, noting how the District’s procedure to use different pronouns does not restrict their rights in any way
However, emails exchanged among district officials and seen by Cowboy State Daily indicate that discussions did in fact take place about instances where teachers may need to withhold information from the parents of students attending the school.
The emails refer to scenarios where privacy requests from transgender and gender-nonconforming students should be honored, even if it means not informing their own parents.
‘So we don’t tell the parents?’ reads one of the questions in an August 2022 email from School District Superintendent Kelly McGovern to administrators.
‘If the student requests privacy, we honor that request,’ reads response in the email seen by Cowboy State Daily.
‘What about the parents’ rights to direct their student’s education?’ asks another educator.
‘There is no state or federal statute or any case law that gives a parent a right to dictate how a school or teacher refers to a student informally, if it is in line with the student’s wishes,’ came the response.
The head offices of the Sweetwater County School District No. 1, in Rock Springs, Wyoming
‘What if I personally disagree with calling a student by a preferred name or pronoun?’ asks another in a talking-point question & answer session.
‘You will honor the student’s request … Harassment and discrimination of students will not be tolerated,’ are the strict instructions.
The district gives guidance to teachers on addressing students by their ‘preferred names and pronouns’ privately – and how that might differ while in the presence of parents – such as at a parent/teacher conference.
One email by School District Superintendent Kelly McGovern to administrators was even more specific in its directions.
‘If a student is requesting the use of a transgender name and/or pronoun, we will honor that request. It also is not our obligation to notify the parent of this request and we will not do so.’
Despite the talking points raised in the emails, the District claims that transgender students’ preferences are handled on a case-by-case basis.
One added complication is that the school also made accommodations for the Willey’s daughter’s mental health issues. The parents had taken their daughter to a counselor for years to work out her issues.
The District also maintains that it is following federal law, including interpretations of workplace sexual discrimination and discrimination against gay and transgender individuals.
They argue that the Wyoming Constitution’s equal-protection guarantees are even more protective than those of the U.S. Constitution and support their procedure.
The School District states the Willeys, who are the parents of six children, have the right to raise their child as they see fit, noting how the District’s procedure does not restrict their rights in any way.
The District further claims how the Willeys are attempting to conform the School District’s procedures to align with their own beliefs and preferences.
The District says it does not believe the Willeys’ have a right of familial privacy noting how there is no mention of a right to privacy in the United States Constitution.
They School District also argues students have the right to free expression, which could be harmed by any court action brought by Ashley Willey.
Following her mother’s discovery of her using male pronouns, the student then asked to switch back to her original name an pronouns.
The School District say this only adds to the idea the lawsuit should be thrown out given the switching back to her birth gender pronouns.
School board Chairwoman Carol Jelaco claimed at a school board meeting in September that ‘whatever the student wants is paramount’ when ‘there is a fear from the student’ regarding parents learning of their gender transition process.
The American Civil Liberties Union believe it to be unconstitutional for public schools to reveal a student’s gender identity to others.
‘Even if you are ‘out’ about your sexual orientation or gender identity at school, if you’re not ‘out’ to your parents at home, and you can reasonably expect that they’re not going to find out, then school staff can’t tell your family that you are LGBTQ without your permission,’ the ACLU said in a statement.
‘Being open about your sexuality in school doesn’t mean you automatically give up your right to privacy outside school.’
The School District is now seeking the dismissal of the Willey’s lawsuit maintaining how they followed federal law while also not infringe upon the rights of parents or teachers.
The debate over the ethics of allowing children to change their gender from male to female or vise-versa remains one of the country’s most politically divisive topics – especially when it comes to education the school’s influence over children while parents are at work.
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