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.
