Willey v. Sweetwater County School District No 1 Board of Trustees, 1:23-cv-00069

Ashley Willey, a teacher and parent, sued Sweetwater County School District #1 regarding its policies requiring staff to use students’ preferred names and pronouns, alleging constitutional and statutory rights violations.
Her stepchild, the student at issue, attended Black Butte High School during the 2021-2022 and 2022-2023 years before transferring out-of-state.
The District did not have a formal written policy governing use of preferred names/pronouns until August 2022. From then, policies required staff to honor students’ requests and provided privacy instructions, but allowed for staff accommodations.
Willey claimed her parental substantive due process and free exercise of religion rights were violated as both a parent and teacher due to these policies and their application; Sean Willey (stepfather) also brought claims.
The District moved for summary judgment on all remaining claims. The court granted the motion, dismissed Sean Willey for lack of standing, and ruled in favor of the District on all constitutional claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Parental Due Process Rights	School infringed her right to direct child’s upbringing by using preferred pronouns and withholding information.	No infringement; no concealment after inquiry; no duty to proactively inform parents.	No violation: Rights not infringed without school concealment after inquiry.
Standing	Sean Willey, as stepfather, asserted parental rights.	Sean lacked legal custody/parental interest; thus lacks standing.	Sean Willey dismissed for lack of standing.
Free Exercise (Parent)	District’s policies burdened her religious beliefs as a parent.	Policies are neutral, generally applicable, not aimed at religion.	No violation: Policies are neutral, generally applicable.
Free Exercise (Teacher)	Forced to use pronouns/names contrary to religious beliefs, facing discipline, no reasonable accommodation.	Policies allow accommodation for any reason; not individualized, neutral and generally applicable.	No violation: Policies remain neutral, generally applicable.

Meyer v. Nebraska, 262 U.S. 390 (1923) (establishing the fundamental right of parents to direct upbringing and education of their children)
Pierce v. Society of Sisters, 268 U.S. 510 (1925) (right of parents to direct upbringing and education of children)
Troxel v. Granville, 530 U.S. 57 (2000) (parents have a fundamental right to make decisions concerning care, custody, and control of their children)
West v. Atkins, 487 U.S. 42 (1988) (section 1983 claim requires deprivation under color of state law)
Employment Div. v. Smith, 494 U.S. 872 (1990) (neutral, generally applicable laws need not be justified by a compelling interest even if they incidentally burden religion)
Lyng v. Northwest Indian Cemetery Protective Ass'n, 485 U.S. 439 (1988) (incidental effects of government programs are not substantial burdens unless coercing a person to violate his religious beliefs)
Parham v. J.R., 442 U.S. 584 (1979) (right to control children's medical care is part of parental liberty interest)