A 12-year-girl in the Kettle Moraine School District in Wisconsin was anxious and depressed and started questioning her “gender identity.” Her parents said (PDF) that teachers began using a male name and pronouns to address her — without the parents’ consent or informing them of her mental health issues.
The parents filed a lawsuit against the school district and said they were forced to withdraw her from her school.
Alliance Defending Freedom (ADF) and the Wisconsin Institute for Law and Liberty, which represent the parents, wrote a letter (PDF) to the school district before filing suit. Legal counsel asked the school district to change their policy to require parental consent before students’ can change their “gender identity,” to acknowledge that the school district violated the parents’ rights, and to pay nominal damages of $1.
The school district did not respond to the letter, so the parents sued. ADF announced that the court denied the school district’s motion to dismiss.
This allegation, viewed in the light most favorable to T.F. and B.F., 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 on the issue of standing. From the decision (PDF):
P.W. and S.W. allegation of an infringement on their fundamental right to parent their children is a risk of substantial injury to their interests and is sufficient to survive a motion to dismiss.
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