Thursday, June 02, 2022

Parents Can Move Ahead With Challenge To School's Transgender Transition Policy

 In T.F. v. Kettle Moraine School District, (WI Cir. Ct., June 1, 2022), a Wisconsin state trial court held that parents could proceed with their action challenging a school district's policy to honor minor students’ requests to transition to a different gender identity at school without parental consent. One set of plaintiffs withdrew their child from the school after the school insisted on using the name and pronouns favored by the student. The court held that they could still proceed with a claim for nominal damages. As to other plaintiffs whose children were in the school but were not presently impacted by the policy, the court said in part:

[Parents] need not wait for potential harm from Kettle Moraine’s policy to occur for their children before they are entitled to seek declaratory relief on whether the policy violates their parental rights.

ADF issued a press release announcing the decision.