Wisconsin Court Backs Parents’ Role in Child’s Gender Transition

In a landmark ruling, a Wisconsin judge recently upheld the parental right to be informed of, and involved in, a child’s gender transition at school.

This decision represents a significant shift in the ongoing debate around parental rights and the autonomy of young individuals identifying as transgender.

The Case’s Foundation and Legal Proceedings Unveiled

At the center of this legal clash was the Kettle Moraine School District, located just outside of Milwaukee, Wisconsin. The district faced a lawsuit over its policy which allowed students to begin transitioning to a different gender identity in the school environment, without parental consent or knowledge.

The case was initiated by a mother, Tammy Fournier, and her husband, who removed their daughter from the district due to their disagreement with its so-called “affirmative care” model.

The Fourniers, along with a group of other parents, and backed by the Wisconsin Institute for Law and Liberty (WILL), asserted that the district’s policy infringed on their rights to be informed of and oversee their child’s major healthcare decisions.

Their lawsuit aimed to challenge the district’s policy and set a precedent to protect parental rights in future school policy decisions. In a monumental legal development involving the Kettle Moraine School District and the family, the school district sought to dismiss the lawsuit.

They argued that one set of plaintiffs “are no longer in the district” and the other set does not have a child currently affected by the policy, according to a judge’s decision on June 1, 2022.

However, the judge denied the school district’s motion to dismiss, pointing out that the parents’ allegations demonstrated a potential violation of their rights to direct their child’s upbringing, which was sufficient to allow the case to proceed.

Key Details from the Court’s Ruling

The ruling, delivered by Judge Michael Maxwell of the Waukesha County Circuit Court, found that the school district’s policy violated these parental rights.

Judge Maxwell’s decision clarified that the school district may no longer allow or mandate staff to refer to students by a name or pronouns inconsistent with the student’s biological sex while in school, except with express parental consent.

This decision is seen as a significant win for parents who believe they should have a say in such important aspects of their children’s lives.

ADF and WILL Viewpoint

The Alliance Defending Freedom (ADF), and WILL, both non-profit legal organizations known for advocating for religious freedom, the sanctity of life, marriage, and family, were instrumental in the case.

“Parents’ rights to direct the upbringing and education of their children is one of the most basic rights every parent holds dear,” ADF Senior Counsel Kate Anderson, director of the ADF Center for Parental Rights, said in a statement on the organization’s website.

She applauded the court’s decision, stating, “The court was right to respect the serious concerns of these parents by ruling against the Kettle Moraine School District’s policy, which undermines parents and potentially harms children.”

Both organizations highlighted the importance and necessity of parental consent in school decisions around the trans issue, likening it to receiving permission to administer medication to a child or permit participation in sports.

Expert Opinions and Testimonies

During the case, expert witnesses in child psychology were brought forward. As reported by Fox News, these experts asserted that social transitioning can bring about significant psychological changes in the children in question and can even be “psychologically harmful” if done without parental support.

The court also heard from Dr. Stephen Levine, a clinical psychiatrist, and Dr. Erica Anderson, a transgender licensed psychologist. According to statements that the specialists made to the broadcasting network, they argued that social transitioning could lead to the use of puberty blockers and cross-sex hormones, which carry known long-term risks.

Therefore, informed consent from parents must be obtained before a child can undergo social transitioning.

The Broader Implications

This case has broader implications for both school districts and families across the nation. It raises important questions about the balance between parental rights and a child’s autonomy, especially in the context of gender identity and transition.

For now, this court’s decision stands as a precedent within the jurisdiction of the Waukesha County Circuit Court in Wisconsin, asserting the broader principle of parental rights regarding decisions about a child’s social transition.

While some have celebrated this ruling as a victory for parental rights, it has also ignited discussions about the rights of young individuals to know their minds and assert their own gender identity. 

In light of the ongoing discourse, the implications of this ruling will be a focal point in legal, educational, and family circles.


This article was produced by TPR Teaching. Source.

Caitriona Maria is an education writer and founder of TPR Teaching, crafting inspiring pieces that promote the importance of developing new skills. For 7 years, she has been committed to providing students with the best learning opportunities possible, both domestically and abroad. Dedicated to unlocking students' potential, Caitriona has taught English in several countries and continues to explore new cultures through her travels.

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