by Mary Margaret Olohan for the Daily Signal
A Vermont school district punished both 14-year-old Blake Allen and her father for stating that a biologically male student who identifies as a transgender girl is male. Now the Allens are suing the school district—and accusing it of retaliating against their family for speaking out.
Represented by the Alliance Defending Freedom, Travis and Jessica Allen alleged in a lawsuit filed Thursday in the United States District Court for the District of Vermont that Travis and Blake “were punished for expressing their view on a matter of profound public concern: whether a teenage male who identifies as female should be permitted to change in a girls’ locker room regardless of the discomfort experienced by the girls in that room.”
“In objecting to a male being in the room while the girls are changing, Travis and Blake each made comments underscoring that the trans-identifying student is in fact a male, including by using male pronouns,” said the lawsuit, which was first obtained by The Daily Signal. “Indeed, their view of the student’s maleness was foundational to their opinions on appropriate use of the locker room.”
“Yet, their remarks were too much for Defendants’ transgender orthodoxy—Travis was deemed to have ‘misgendered’ the student, while Blake was found guilty of ‘harassment’ and ‘bullying’—so Defendants disciplined both of them.”
Superintendent Layne Millington, co-principals Lisa Floyd and Caty Sutton, and the Orange Southwest School District Board are state actors and “violate the First Amendment” by attempting to dictate “what may be said on matters of public concern,” the lawsuit said, noting that these school district officials also cannot discriminate against speech on the basis of its viewpoint.
“Yet, that is exactly what happened here,” the filing states. “Defendants punished Travis and Blake for saying that a male is a male, as a matter of sex and biology, regardless of the gender identity that the male has assumed.”
The Daily Signal first reported that Travis Allen has been suspended without pay from his job as the Randolph Union Middle School girls soccer coach for calling the trans-identifying student a male. His suspension followed a Daily Signal video and report highlighting Blake’s discomfort at a biological male using her locker room while she was changing. Jessica Allen also spoke out in the video.
Several of Blake’s fellow female students who spoke with The Daily Signal shared they asked the student to leave, but said the student did not immediately do so. The girls said that the student stood in the corner and looked at them while they were changing, causing them to feel uncomfortable.
The trans-identifying student’s guardian told The Daily Signal that her child is a girl, belongs in girls’ spaces, and did not behave inappropriately.
“A male was in our locker room when volleyball girls were trying to get changed,” Blake said in the mid-October interview. “And after I asked him to leave, he didn’t, and later looked over at girls with their shirts off. And it made many people uncomfortable and feel violated. And I left as soon as I could in a panic.”
“It’s not fully the trans student’s fault,” she added. “It is much more the school board’s fault and they’re failing everyone. Not just the volleyball team, not the transgender student. They did nothing to help this situation. They still aren’t. They just want people to be in trouble and they’re not trying to help make a change.”