Feb 9, 2023 | News, Wisconsin Family Voice
Last summer, Wisconsin Institute for Law & Liberty (WILL) and the Alliance Defending Freedom (ADF) filed a lawsuit against Kettle Moraine School District (KMSD) for its gender identity policy that allows children to “change” their gender identity at school without parental consent. The policy also prohibits district employees from notifying parents of their child’s “transition” and even instructs staff to override a parent’s objection. In this case, at least one parent called and asked the school to call a daughter by her given feminine name and to use only feminine pronouns. The school refused.
Now, WILL and ADF have brought on two experts in support of summary judgment in this case. The experts specialize in gender dysphoria, asserting that school personnel socially transitioning a minor as is happening in this school district violates widely accepted mental health principles and practice.
Dr. Erica E. Anderson is a transgender clinical psychologist from Berkeley, California. Over the last 40 years, she has worked with hundreds of children and young adults struggling with their gender identity. She has also been a board member for the World Professional Association for Transgender Health (WPATH) and served as the President of USPATH (the United States arm of WPATH).
Dr. Anderson’s affidavit states, “A school policy that involves school adult personnel in socially transitioning a child or adolescent without the consent of parents or over their objection violates widely accepted mental health principles and practice.”
The second expert, Dr. Stephen Levine, is a psychiatrist and professor at Case Western Reserve University School of Medicine. He helped develop the 5th version of the WPATH guidelines and served as the court-appointed expert in the first major case to reach a federal court of appeals pertaining to surgery for transgender prisoners.
Dr. Levine’s publications include “Transitioning back to maleness” (2018), “Ethical Concerns About Emerging Treatment Paradigms for Gender Dysphoria” (2017), “Meanings and political implications of ‘psychopathology’ in a gender identity clinic: A report of 10 cases” (2009), “The standards of care for gender identity disorders” (1998), among many others.
If the Waukesha County judge grants summary judgment, then the parents win. This would be incredibly encouraging and right. As the parents’ attorneys argue, not only is the school’s policy harmful to children, it’s an unconstitutional violation of the parents’ rights. School districts statewide and across the country should be watching this case closely.
The Wisconsin Constitution protects the “inherent right” of parents to “direct the upbringing and education of children under their control.” For the sake of children’s safety and well-being, parents must be the primary decision-makers when it comes to their children’s upbringing, education, and mental health. No school has the right to override parents in any way, especially when it comes to something as personal and important as gender.
A hearing for this case is scheduled for April 19th, and a ruling is expected in the late spring or summer. Hopefully, Dr. Levine and Dr. Anderson guide the Court to a decision that will protect children and parent’s rights.
Nov 17, 2022 | News, Wisconsin Family Voice
Stories of school districts violating parents’ rights with transgender policies continue to emerge, and WFA is helping to fight back.
The Linn-Mar Community School District, located in Cedar Rapids, Iowa, implemented a policy earlier this year barring the district from informing parents of a student’s transgender status unless the student provides authorization. Under the policy, students can also decide whether or not their parents attend meetings with a school counselor to receive support and implement a “Gender Support Plan.”
The Eighth Circuit Court will hear oral arguments for this case in February 2023. To defend parental rights, WFA has signed onto a friend-of-the-court brief, along with the Ethics & Religious Liberty Commission (ERLC), the Baptist Convention of Iowa (BCI), and other organizations to defend parental rights.
The brief says that the Parental Preclusion Policy “permits students and schools to determine the name and pronouns that a student will use at school, to decide the gender of those that the child will sleep with on school trips, to select which restroom and locker room to use at school, and to determine which gender sports teams to join, all without parental notification or consent.”
By hiding pertinent information about students, the school district violates parents’ right to “direct the care and education of their children,” and violates their due process protections.
The U.S. Constitution “protects parental interests as fundamental,” reads the brief. “This policy’s underlying rationales – that parents do not act in their children’s best interest and schools may trump parental authority when they suspect they might disagree with parental decisions – provide no permissible justification whatsoever.”
“It is parents who are given the primary right to care for their child, not school counselors, teachers, or principals. [F]undamental parental rights, like other fundamental rights, may only be curtailed or withheld after notice and due process,” the brief continues.
The Linn-Mar Community School District is clearly prioritizing a radical ideology over parents’ fundamental rights, and WFA is proud to take a stand for parents and children’s safety.
In another recent case, former school counselor at Allen-Field Elementary School in the Milwaukee Public School District (MPS) Marissa Darlingh was fired for exercising her First Amendment right to free speech. At a feminist rally, Darlingh expressed her concern about the dangers associated with “gender identity ideology,” especially for children.
Darlingh has filed a lawsuit against the school district in the United States District Court for the Eastern District of Wisconsin in Milwaukee, and she is being represented by the Wisconsin Institute for Law and Liberty.
“The District has blatantly violated Ms. Darlingh’s First Amendment rights. Firing her for expressing her views on such an important subject is not only inexcusable, but unconstitutional,” said WILL Deputy Counsel, Luke Berg.
The lawsuit alleges that the district violated Darlingh’s First Amendment and Due Process rights, as the termination letter cited her speech at the feminist rally as the reason for her termination. That speech was given on her own personal time outside of campus. The lawsuit seeks reinstatement to her position at the school, back-pay, and removal of the no-trespass order against her. We are hopeful that this case will affirm the First Amendment rights of all teachers.
Schools are now pushing radical gender ideology on students, hiding information about students’ gender identity from parents, and punishing those who disagree with their ideology. While the success of these lawsuits will help, we need parents and teachers to stand up and assert their rights. Parents have every right to know exactly what is going on in the classroom, and teachers have every right to condemn a radical ideology that is harming children.
Please pray for the success of these lawsuits and an end to radical indoctrination in the classrooms of government schools.