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With more than 3,000 allied attorneys and an annual budget of nearly $50 million - in part thanks to generous donations from foundations associated with the family of Education Secretary Betsy DeVos - Alliance Defending Freedom means business, and in the last year, according to a spokesperson, have waded into the latest battleground: bathroom access for trans kids. The case went all the way to the Supreme Court, and Boy Scouts, represented by attorneys from the group, won. In 2000, the group represented Boy Scouts of America when it revoked Eagle Scout and assistant scoutmaster James Dale’s membership when they discovered he was gay and a gay rights activist, saying that homosexuality was “inconsistent” with the organization’s core values. The group has represented employers that don’t want their healthcare plans to cover contraception, school districts blocking LGBT advocacy sites, and photographers who didn’t want to shoot a gay couple’s civil ceremony. One of the two firms representing the plaintiff, the Alliance Defending Freedom, is a powerhouse of conservative Christian advocacy that has litigated some of the biggest sociological issues of the last two decades. For example, attorneys representing Doe say that “the anxiety, embarrassment, and stress he feels as a direct result of practice… has caused him to refrain from using restrooms.” The complaint appropriates language from legal arguments for why trans kids should be protected under Title IX. “Who at the time was wearing nothing but shorts and a bra.”
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The suit, filed against the Boyertown School District in eastern Pennsylvania, describes what happened to the male student, identified as Joel Doe: “When he was standing in his underwear about to put his gym clothes on, he suddenly realized there was a member of the opposite sex changing with him in the locker room,” the complaint says.