A federal judge denied a preliminary injunction request by three current and one former student Boyertown Area Senior High School who claimed the district's transgender policy violated their Constitutional rights. Late last week, a federal court judge issued a ruling stating that four plaintiffs have not clearly shown they are entitled to the relief in their claims of sexual harassment and invasion of privacy.

            "The court finds that the plaintiffs have not established that they would be irreparably harmed" by the district's current policies, according to Aug. 25 preliminary order issued by Edward G. Smith, a judge in the United States District Court for the Eastern District Of Pennsylvania.

            The finding affirms the district's policy allowing students to utilize the bathrooms and locker rooms based on the gender to which they identify.

            In March, an unnamed male student at Boyertown High School – identified as Joel Doe – filed a civil lawsuit against the district and three administrators for allegedly violating his right to bodily privacy. Three additional student plaintiffs were listed on Smith's recent order. On April 18, the plaintiff filed an amended complaint in which Mary Smith, Jack Jones, a minor, and Macy Roe were added.

            The court in Easton held evidentiary hearings in this matter on July 17 and July 31, which included live testimony from Joel Doe and Mary Smith key defense witnesses and an expert.

            The judge ruled that the plaintiffs, which includes three students who are high school seniors and one recent graduate, "have not demonstrated that they are likely to suffer irreparable injury if the court does not issue a preliminary injunction."

            The plaintiffs are considering an appeal of the decision so their rights may be protected while the lawsuit proceeds, according to Christiana Holcomb, counsel for the Alliance Defending Freedom, one of two Christian-based organizations which filed the suit.

            The initial suit – filed by two Christian-based organizations – claims the minor student was exposed involuntarily "to an undressed student of the opposite sex while changing in his school's locker room."

            According to the text of the 31-page complaint, the incident violated the male student's rights as identified in the 14th Amendment to the U.S. Constitution, Title IX and Pennsylvania's Public School Code of 1949. It accuses four defendants – the district, Superintendent Richard H. Faidley, high school Principal Brett A. Cooper and Assistant Principal E. Wayne Foley – of "secretly authoriz[ing] a student of the opposite sex to have unrestricted access to enter and use boys' private facilities."

            The suit – which demanded a jury trial – seeks a declaration that the defendants' actions and practices violates the plaintiff's right to privacy and the Pennsylvania School Code of 1949, a declaration that the defendants committed an "unlawful intrusion upon the Joel Doe's seclusion and bodily privacy rights, a permanent injunction enjoining the district to permit males and females to enter and use facilities" based on their biology, and an award of compensatory damages to the plaintiff.