A Waukesha County Circuit Court ruled Tuesday in favor of Wisconsin parents, deciding that a Wisconsin school district “abrogated” parents’ rights when it decided to socially “affirm” their daughter as a transgender boy against their wishes.
Represented by Alliance Defending Freedom and the Wisconsin Institute for Law and Liberty, two sets of Wisconsin parents had sued Kettle Moraine School District, accusing the district of violating their parental rights by “adopting a policy to allow, facilitate, and affirm a minor student’s request to transition to a different gender identity at school without parental consent and even over the parents’ objection.”
Circuit Court Judge Michael Maxwell granted the parents’ motion for summary judgment Monday, ruling on the merits of the case without a trial. His ruling and order, which the clerk filed Tuesday, said that the case dealt with “whether a school district can supplant a parent’s right to control the healthcare and medical decisions for their children.”
“The well established case law in that regard is clear,” he ruled. “Kettle Moraine can not.”
The judge concluded: “The current policy of handling these issues on a case-by-case basis without either notifying the parents or by disregarding the parents’ wishes is not permissible and violates fundamental parental rights.”
Maxwell ruled in favor of the parents and issued an order preventing Kettle Moraine School District from “allowing or requiring staff to refer to students using a name or pronouns at odds with the student’s biological sex, while at school, without express parental consent.”
The parents’ lawsuit, filed in the Waukesha County Circuit Court in November 2021, alleged that Kettle Moraine School District violated the constitutionally protected rights of one set of parents when it allegedly pushed their 12-year-old daughter toward a significant life decision she was not prepared to make by socially affirming her claimed gender identity against her parents’ wishes.
Another set of parents mentioned in the suit expressed concerns that the district would push their two children toward gender transition in the same fashion.
“I am so grateful the Court has found that this policy harms children and undermines the rights of parents to direct the upbringing of their children,” Tammy, the mother of one of the children named in the lawsuit, told The Daily Signal. (She asked that her last name be withheld to protect the family’s privacy.)
“Our daughter experienced increased anxiety and depression and her school responded to this by disregarding our parental guidance,” she explained. “Since leaving the school and allowing our daughter time to work through her mental health concerns, she has been able to healthily thrive and grow. Parents should be concerned when school districts disregard their concerns and override the voice and role of parents.”
