In a significant victory for parental rights, a Wisconsin court has ruled that a school district’s policy enabling and affirming a minor student’s gender transition at school without parental consent violates the constitutional right of parents to make medical and healthcare decisions for their children.
The case revolved around the Kettle Moraine School District in a Milwaukee suburb, which had a policy allowing students to transition their gender at school without involving parents. This policy even mandated that school officials actively hide the child’s transition from their parents in some cases.
Waukesha County Circuit Court Judge Michael Maxwell emphasized the importance of parental rights in his ruling, stating, “Parents have fundamental liberty interest in the decisions regarding ‘care, custody, and control of their children.'” He further noted that the school district’s arguments lacked “clear and compelling evidence” to justify their position.
Judge Maxwell categorized the issue as a medical and healthcare one, pointing out that experts presented by the parents’ legal counsel had emphasized the psychological harm of children living a “double life” where their gender roles are different at home and school.
The judge issued an injunction preventing the school district from allowing or requiring staff to refer to students using a name or pronouns that conflict with their biological sex while at school without parental consent.
While acknowledging that transgenderism involving minors is a controversial issue, Judge Maxwell emphasized that this case was about whether a school district could supersede a parent’s right to control the healthcare and medical decisions for their children, concluding that it could not.
This ruling highlights the significance of parental rights and the need for transparency and cooperation between schools and parents when addressing issues related to a student’s gender identity. It also serves as a warning to other school districts across the country with similar policies that exclude parents from the gender transition process at school.
Conservative voices, including the Wisconsin Institute for Law and Liberty and the Alliance Defending Freedom, have praised the decision as a victory for parental rights and constitutional principles. However, it’s worth noting that the case could be appealed within the Wisconsin judicial system.
