Case: Parents for Privacy v. Sessions

3:17-cv-01813 | U.S. District Court for the District of Oregon

Filed Date: Nov. 13, 2017

Closed Date: Dec. 11, 2020

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Case Summary

This case is a challenge to an Oregon school’s policy of allowing transgender students to use the restroom that aligned with their gender identity, claiming that it violated the rights of cisgender students and parents. On November 13, 2017, Parents for Privacy, Parents Rights in Education, and a few private plaintiffs on behalf of their children (collectively, “Parents for Privacy”) sued Dallas School District No. 2, Oregon Department of Education, the Superintendent of Public Instruction for …

On November 13, 2017, Parents for Privacy, Parents Rights in Education, and a few private plaintiffs on behalf of their children (collectively, “Parents for Privacy”) sued Dallas School District No. 2, Oregon Department of Education, the Superintendent of Public Instruction for Oregon, the United States Department of Education (the “DOE”), the United States Secretary of Education, United States Department of Justice (the “DOJ”), and the United States Attorney General (collectively, “Dallas”) in the United States District Court for the District of Oregon. Represented by private counsel, Parents for Privacy alleged that the DOE and DOJ promulgated rules that mandated school districts who wished to keep their federal funding had to treat a student’s gender identity as their sex for purposes of Title IX of the Education Amendments of 1972 ("Title IX"). Dallas School District No. 2 fully adopted and implemented a broad nondiscrimination policy that prohibited discrimination on the basis of gender identity. Thus, students were allowed to use the bathroom or locker room that aligned with their gender identity (the “Bathroom Policy”), which Parents for Privacy took issue with.

Against the US Department of Justice, the US Attorney General, US Department of Education, and the US Secretary of Education (collectively, “Federal Defendants”), Parents for Privacy alleged that the Bathroom Policy violated the Administrative Procedure Act, students’ fundamental right to privacy, parents’ right to direct the education and upbringing of their children, the Religious Freedom Restoration Act, and their First Amendment Right to free exercise of religion.

Against the Oregon Department of Education and the Superintendent of Public Education of Oregon (collectively, “State Defendants”), Parents for Privacy alleged that the Bathroom Policy violated Oregon’s prohibition against public accommodation discrimination.

Against Dallas School District No. 2 (“District Defendant”), Parents for Privacy alleged that the Bathroom Policy violated students’ fundamental right to privacy, parents’ right to direct the education and upbringing of their children, Title IX, First Amendment Right to free exercise of religion, Oregon’s prohibition against public accommodation discrimination, and Oregon’s prohibition of discrimination in education.

Parents for Privacy sought declaratory and injunctive relief, as well as statutory and compensatory damages. This case was assigned to District Judge Marco A. Hernandez.

On December 13, 2017, the State Defendants filed a motion to dismiss arguing that the sole claim against them was barred by sovereign immunity, and two days later, the parties filed a stipulated notice of dismissal with prejudice. On January 1, 2018, the court found State Defendants' motion to dismiss moot due to the stipulated notice.

On February 20, 2018, Basic Rights Oregon (“BRO”), represented by the ACLU, filed a motion to intervene on behalf of the defendants, granted by the court on April 19, 2018, as well as a motion to dismiss. BRO argued that the Bathroom Policy did not violate any of Parents for Privacy’s rights and the injunctive relief they sought would itself be a discriminatory policy because it would target transgender students.

On February 20, 2018, the District Defendant filed a motion to dismiss for failure to state a claim. First, it argued that the United States does not have a general right to privacy, there is only protection for certain personal privacy rights that do not include the right to share a bathroom or locker room with cisgender students only. Second, the District Defendant did not infringe Parents for Privacy’s alleged privacy right because students were allowed to use private facilities and the school did not compel their students to “expose themselves” to the opposite sex. Third, the District Defendant did not violate parents’ right to raise their children because parents are free to enroll their children into private institutions that align with their beliefs. This right does not give parents the right to dictate the policies of public educational institutions. Lastly, Parents for Privacy did not allege a Title IX claim because Title IX prohibits discrimination on the basis of sex or gender identity and the District Defendant adopted the opposite: that is, a policy that forbids discrimination based on sex or gender identity.

On March 15, 2018, the Federal Defendants filed their own motion to dismiss for failure to state a claim, in which they argued Parents for Privacy lacked standing and had not stated a plausible claim against them. The Federal Defendants argued that the federal government did not compel Dallas School District No. 2 to adopt its non-discrimination policy and so Parents for Privacy failed to meet the traceability element required for standing.

On July 24, 2018, the court granted BRO’s, District Defendant’s, and Federal Defendants’ motions to dismiss with prejudice. The court found that Parents for Privacy did not allege that their purported injuries were fairly traceable to the Federal Defendants so they lacked standing regarding the Administrative Procedure Claim. The court then found that there was no fundamental privacy right to not sharing school bathrooms and locker rooms with transgender students. Third, Parents for Privacy failed to make the necessary elements for their Title IX claim. The court agreed that ordering Dallas District No. 2 students to use the bathroom according to their biological sex would be a violation of Title IX. For similar reasons to the Title IX claim, Parents for Privacy claims do not hold up under Oregon state law. Lastly, the court found there was no religious discrimination as the policy did not promote a certain religious ideology and parents were free to enroll their students in institutions that aligned with their religious beliefs but did not have the right to direct public schools.

On August 21, 2018, Parents for Privacy appealed to the Ninth Circuit of Appeals. On February 12, 2020, the Ninth Circuit affirmed the district court’s opinion. The Appeals Court found there was no Fourteenth Amendment fundamental privacy violation nor did parents have a Fourteenth Amendment right to determine the bathroom policies of public school and the Bathroom Policy sought to avoid discrimination under Title IX and was rationally related to a legitimate state purpose and did not violate the First Amendment.

	Document
20-62	Supreme Court Docket Supreme Court of the United States	Dec. 7, 2020	Dec. 7, 2020 Docket
18-35708	Court of Appeals Docket U.S. Court of Appeals for the Ninth Circuit	Dec. 11, 2020	Dec. 11, 2020 Docket
1 3:17-cv-01813	Complaint for Damages & Declaratory & Injunctive Relief Parents for Privacy v. Dallas School District No. 2	Nov. 13, 2017	Nov. 13, 2017 Complaint
10 3:17-cv-01813	State Defendants' Memorandum in Support of Motion to Dismiss Parents for Privacy v. Dallas School District No. 2	Dec. 13, 2017	Dec. 13, 2017 Pleading / Motion / Brief
11 3:17-cv-01813	Stipulation of Dismissal of Action as to State Defendants Pursuant to FRCP 41(A)(1)(A)(II)	Dec. 15, 2017	Dec. 15, 2017 Settlement Agreement
31 3:17-cv-01813	Defendant Dallas School District No. 2's Motion to Dismiss Pursuant to FRCP 12(b)(1) and FRCP (12)(b)(6). Oral Argument Requested Parents for Privacy v. Dallas School District No. 2	Feb. 20, 2018	Feb. 20, 2018 Pleading / Motion / Brief
30 3:17-cv-01813	Motion to Dismiss and Memorandum in Support Parents for Privacy v. Dallas School District No. 2	Feb. 20, 2018	Feb. 20, 2018 Pleading / Motion / Brief
49 3:17-cv-01813	Federal Defendants' Motion to Dismiss for Lack of Standing and Failure to State a Claim Parents for Privacy v. Dallas School District No. 2	March 15, 2018	March 15, 2018 Pleading / Motion / Brief
69 3:17-cv-01813	Opinion and Order	July 24, 2018	July 24, 2018 Order/Opinion 326 F.Supp.3d 1075
99-1 18-35708	Opinion U.S. Court of Appeals for the Ninth Circuit	Feb. 12, 2020	Feb. 12, 2020 Order/Opinion

Title		External URL Date / External URL
Dear Colleague Letter [rescinding prior letters relating to bathroom access for trans students] Sandra Battle & T.E. Wheeler	Feb. 22, 2017	Feb. 22, 2017 https://assets.documentcloud.org/...
Dear Colleague Letter on Transgender Students Catherine E. Lhamon and Vanita Gupta	May 13, 2016	May 13, 2016 https://www2.ed.gov/...
Examples of Policies and Emerging Practices for Supporting Transgender Students United States Department of Education	May 2016	May 1, 2016 https://www2.ed.gov/...

ECF Number	Description	Date	Link Date / Link
1	Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5218170 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Filed by PARENTS RIGHTS IN EDUCATION, JON GOLLY, NICOLE LILLIE, MELISSA GREGORY, PARENTS FOR PRIVACY, KRIS GOLLY against All Defendants (Attachments: # 1 Exhibits A-H, # 2 Exhibits I-J, # 3 Exhibits k-p, # 4 Petition for appointment of guardian ad litem). (Grey, Herbert) (Entered: 11/13/2017)	Nov. 13, 2017	Nov. 13, 2017 PACER
2	Civil Cover Sheet regarding Complaint, 1 . Filed by All Plaintiffs. (Grey, Herbert) (Entered: 11/13/2017)	Nov. 13, 2017	Nov. 13, 2017 PACER
3	Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 3/14/2018. Joint Alternate Dispute Resolution Report is due by 4/13/2018. Pretrial Order is due by 4/13/2018. Ordered by Judge Michael J. McShane. (joha) Modified on 11/14/2017 per Order for Administrative Correction of the Record 4 (joha). (Entered: 11/14/2017)	Nov. 14, 2017	Nov. 14, 2017 PACER
	Administrative Correction of the Record	Nov. 14, 2017	Nov. 14, 2017 PACER
4	Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Discovery Order 3 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record and regenerate the Notice of Electronic Filing to all parties: The judge initially selected for this case assignment was incorrect. A new case assignment with the corrected judge will be issued. The document is sealed. (joha) (Entered: 11/14/2017)	Nov. 14, 2017	Nov. 14, 2017 PACER
5	Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 3/14/2018. Joint Alternate Dispute Resolution Report is due by 4/13/2018. Pretrial Order is due by 4/13/2018. Ordered by Judge Marco A. Hernandez. (joha) (Entered: 11/14/2017)	Nov. 14, 2017	Nov. 14, 2017 PACER
6	Proposed Summons Filed by All Plaintiffs. (Grey, Herbert) (Entered: 11/16/2017)	Nov. 16, 2017	Nov. 16, 2017 PACER
7	Notice to Counsel: Judge Hernandez expects the vast majority of civil cases in which all parties are represented by counsel, to be tried within 18 months of the date of filing. Additional information about case scheduling and guidelines for civil cases assigned to Judge Hernandez may be found on his page on the U.S. District Court for the District of Oregon website: https://ord.uscourts.gov/index.php/court-info/judges/judge-hernandez. (jp) (Entered: 11/16/2017)	Nov. 16, 2017	Nov. 16, 2017 PACER
8	Summons Issued Electronically as to Kate Brown, Dallas School District No. 2, Betsy DeVos, Oregon Department of Education, Jeff Sessions, United States Department of Education, United States Department of Justice. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (joha) (Entered: 11/17/2017)	Nov. 17, 2017	Nov. 17, 2017 PACER
9	Motion to Dismiss . Filed by Oregon Department of Education, Kate Brown. (Weston, Sarah) (Entered: 12/13/2017)	Dec. 13, 2017	Dec. 13, 2017 PACER
10	Memorandum in Support of Motion to Dismiss. Filed by Kate Brown, Oregon Department of Education. (Related document(s): Motion to Dismiss 9 .) (Weston, Sarah) (Entered: 12/13/2017)	Dec. 13, 2017	Dec. 13, 2017 PACER
11	Stipulated Notice of Dismissal of Party State Defendants Filed by Kate Brown, Oregon Department of Education. (Weston, Sarah) (Entered: 12/15/2017)	Dec. 15, 2017	Dec. 15, 2017 PACER
12	Petition for Appointment of Guardian ad Litem for T.F. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5259712. Filed by Melissa Gregory against All Defendants. (Grey, Herbert) Modified Docket Text and Modified Event Type from Petition to Motion on 12/21/2017 (joha). (Entered: 12/21/2017)	Dec. 21, 2017	Dec. 21, 2017 PACER
13	Request for Refund of Fees Paid Electronically regarding Motion for Appointment of Counsel 12 . Filed by Melissa Gregory. (Grey, Herbert) (Entered: 12/22/2017)	Dec. 22, 2017	Dec. 22, 2017 PACER
14	Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: 0979-5259712. The request has been granted and the amount of $400.00 will be refunded to Herbert Grey Related Doc 13 Request for Refund of Fees Paid Electronically. (nd) (Entered: 01/03/2018)	Jan. 3, 2018	Jan. 3, 2018 PACER
15	Proposed Summons Filed by All Plaintiffs. (Grey, Herbert) (Entered: 01/03/2018)	Jan. 3, 2018	Jan. 3, 2018 PACER
16	ORDER: Finding as Moot: State Defendants Motion to Dismiss 9 as the parties filed a Stipulated Notice of Dismissal 11 of claims against the State Defendants. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 01/08/2018)	Jan. 8, 2018	Jan. 8, 2018 PACER
	Order on Motion to Dismiss	Jan. 8, 2018	Jan. 8, 2018 PACER
	Order on Motion for Appointment of Counsel	Jan. 8, 2018	Jan. 8, 2018 PACER
17	ORDER: Granting Motion for Appointment of of Guardian Ad Litem for T.F. 12 . Ordered by Judge Marco A. Hernandez. (jp) (Entered: 01/08/2018)	Jan. 8, 2018	Jan. 8, 2018 PACER
18	Summons Issued Electronically as to United States Department of Education and United States Department of Justice. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (joha) (Entered: 01/08/2018)	Jan. 8, 2018	Jan. 8, 2018 PACER
19	Unopposed Motion for Extension of Time to Answer Complaint, 1 . Filed by Dallas School District No. 2. (Mersereau, Peter) (Entered: 01/17/2018)	Jan. 17, 2018	Jan. 17, 2018 PACER
20	Declaration of Peter R. Mersereau . Filed by Dallas School District No. 2. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 19 .) (Mersereau, Peter) (Entered: 01/17/2018)	Jan. 17, 2018	Jan. 17, 2018 PACER
21	ORDER: Granting Motion for Extension of Time to Answer 19 . Answer/Response is due by 2/20/2018. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 01/23/2018)	Jan. 23, 2018	Jan. 23, 2018 PACER
	Order on Motion for Extension of Time to Answer a Complaint/Petition	Jan. 23, 2018	Jan. 23, 2018 PACER
22	Waiver of Service of Summons Returned Executed by Dallas School District No. 2 waiver sent on 11/21/2017. Filed by All Plaintiffs. (Grey, Herbert) (Entered: 02/08/2018)	Feb. 8, 2018	Feb. 8, 2018 PACER
23	Affidavit of Service upon Betsy DeVos served on 1/16/2018; Jeff Sessions served on 1/17/2018; United States Department of Education served on 1/17/2018; United States Department of Justice served on 1/17/2018 Filed by All Plaintiffs. (Grey, Herbert) (Entered: 02/08/2018)	Feb. 8, 2018	Feb. 8, 2018 PACER
24	Motion to Intervene . Oral Argument requested. Filed by Basic Rights Oregon. (Sands, Darin) (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018 RECAP
25	Declaration of Amy Herzfeld-Copple . Filed by Basic Rights Oregon. (Related document(s): Motion to intervene 24 .) (Sands, Darin) (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018 PACER
26	Declaration of Colleen Yeager . Filed by Basic Rights Oregon. (Related document(s): Motion to intervene 24 .) (Sands, Darin) (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018 PACER
27	Declaration of Christine Staub . Filed by Basic Rights Oregon. (Related document(s): Motion to intervene 24 .) (Sands, Darin) (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018 PACER
28	Motion for Leave to Appear Pro Hac Vice for Attorney Gabriel Arkles . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5317093. Filed by Basic Rights Oregon. (Sands, Darin) (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018 PACER
29	Motion for Leave to Appear Pro Hac Vice for Attorney Shayna Medley-Warsoff . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5317122. Filed by Basic Rights Oregon. (Sands, Darin) (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018 PACER
30	Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Basic Rights Oregon. (Sands, Darin) (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018 RECAP
31	Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Dallas School District No. 2. (Mersereau, Peter) (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018 PACER
32	Request for Refund of Fees Paid Electronically regarding Motion for Leave to Appear Pro Hac Vice for Attorney Gabriel Arkles . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5317093 28 . Filed by Basic Rights Oregon. (Sands, Darin) (Entered: 02/21/2018)	Feb. 21, 2018	Feb. 21, 2018 PACER
33	Notice of Appearance of Caleb Leonard appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs. (Leonard, Caleb) (Entered: 02/21/2018)	Feb. 21, 2018	Feb. 21, 2018 PACER
34	ORDER: Granting Application for Special Admission Pro Hac Vice of Gabriel Arkles for Basic Rights Oregon. Application Fee in amount of $300 collected. Receipt No. 0979-5317093 issued. Signed on 2/22/2018 by Judge Marco A. Hernandez. (ecp) (Entered: 02/22/2018)	Feb. 22, 2018	Feb. 22, 2018 PACER
35	Notification of CM/ECF Account for Gabriel Arkles (Pro Hac Vice admission). Your login is: garkles. Go to the CM/ECF login page to set your password. (ecp) (Entered: 02/22/2018)	Feb. 22, 2018	Feb. 22, 2018 PACER
36	ORDER: Granting Application for Special Admission Pro Hac Vice of Shayna Medley-Warsoff for Basic Rights Oregon. Application Fee in amount of $300 collected. Receipt No. 0979-5317122 issued. Signed on 2/22/2018 by Judge Marco A. Hernandez. (ecp) (Entered: 02/22/2018)	Feb. 22, 2018	Feb. 22, 2018 PACER

Case: Parents for Privacy v. Sessions

3:17-cv-01813 | U.S. District Court for the District of Oregon

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