A state court judge in Wisconsin has refused to dismiss a lawsuit brought by two sets of parents against a school district over its transgender procedures.
Those, in the Kettle Moraine School District, provide that minor students can change their names, their gender pronouns, and more at school without their parents consenting.
The case was brought by the Alliance Defending Freedom and the Wisconsin Institute for Law and Liberty.
ADF lawyer Roger Brooks commented after the decision by the Waukesha County Circuit Court to deny the district’s motion to dismiss.
“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,” he said.
“For that reason, we are pleased that the court rejected the school district’s request to throw out this case and instead recognized that the argument of our clients ‘demonstrates a potential violation of their rights as parents to direct the upbringing of their child.’
“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. As the court wrote, ‘Wisconsin courts recognize that parents have a right to make ‘decisions regarding the education and upbringing of their children,’ ‘free from government intervention.””
The judge noted that one set of parents, faced with a 12-year-old daughter who wanted to use a male name and pronouns, decided that that was not in her best interests without further time.
They told the school of their decision and said officials should use their daughter’s legal name and female pronouns.
The school district refused, instead threatening to use a male name and pronoun.
“In light of this decision and to avoid the potential damage that being addressed by teachers and staff with a male name and pronouns could do to their daughter, B.F. and T.F. withdrew her from school and sought a different therapist that would help their daughter process her feelings,” the court explained.
“After just two weeks if this different environment, their daughter changed her mind about her identity, telling her parents that ‘affirmative care really messed [her] up’ and that the rush to affirm that she was really a boy added to her confusion.”
“T.F. and B.F. allege that Kettle Moraine violated their right to make decisions regarding the upbringing of their daughter when they were told by Kettle Moraine that the school would not honor the parent’s request to not refer to their daughter by a male name or pronouns. 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…”
The other parents, the judge said, “may petition for declaratory relief.”
The ruling comes from Circuit Court Judge Michael P. Maxwell.
Previously, the Daily Caller News Foundation explained the controversy is one that is developing more and more in schools: where school officials encourage and help a student to “transition” from male to female or vice versa while concealing their actions from parents.
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