A Wisconsin couple won a major legal victory Wednesday in their lawsuit alleging that their daughter’s school encouraged her to identify as transgender over their wishes.
Wisconsin Circuit Court Judge Michael P. Maxwell denied a motion by Kettle Moraine School District to dismiss the case, ruling that the parents’ lawsuit “demonstrates a potential violation of their rights as parents to direct the upbringing of their child and is sufficient to survive a motion to dismiss.”
The parents’ original complaint alleges that the school has a policy allowing students “to socially transition to a different gender identity at school without parental consent, and even over the parents’ objection.”
The controversy started when the parents’ 12-year-old daughter experienced anxiety and depression and began questioning her gender. She told school staff that she wanted to be identified by a male name and by male pronouns, although her parents objected, believing it would “not be in their daughter’s best interest,” the suit says.
“Kettle Moraine responded, however, that pursuant to District policy, the school would not follow their decision, but would instead refer to their daughter using whatever name and pronouns she wanted,” Maxwell wrote.
The parents “immediately” withdrew her from school, according to their lawsuit. Shortly thereafter, the girl’s demeanor changed, and she decided she wanted to continue using her birth name and female pronouns, the suit says.
Alliance Defending Freedom and the Wisconsin Institute for Law and Liberty are representing the parents in the suit.
“Parents’ rights to direct the upbringing, education, and mental health treatment of their children is one of the most basic constitutional rights every parent holds dear, yet we are seeing more and more school districts across the country not only ignoring parents’ concerns but actively working against them,” said ADF senior counsel Roger Brooks. “... Kettle Moraine should take this opportunity to change its policy, which violates the constitutionally protected rights of parents and isn’t in the best interest of children.”
Related:
Parents Sue School after it Assists Child’s Gender Transition Over their Objections
Photo courtesy: ©Getty Images/Devenorr
Michael Foust has covered the intersection of faith and news for 20 years. His stories have appeared in Baptist Press, Christianity Today, The Christian Post, the Leaf-Chronicle, the Toronto Star and the Knoxville News-Sentinel.
