Supreme Court Declines to Hear Appeal from Parents Disputing Wisconsin School’s Transgender Support Plans
The Supreme Court has declined to hear an appeal from a group of parents who claim their Wisconsin school district is hiding transgender support plans involving their children. The parents, represented by Parents Protecting Our Children, argued that the school district’s policy facilitates “gender identity transitions at school” and keeps the effort “hidden from parents who would disagree that it is in their child’s best interest.”
The school district, Eau Claire Area School District, countered that gender support plans are included in a student’s record and are available for parents to see. The policy is intended “to provide support to students who express concern about their gender identity.”
The Supreme Court did not comment on its decision not to hear the case, but three conservative justices – Brett Kavanaugh, Samuel Alito, and Clarence Thomas – said they would have heard the case. Alito wrote that he is concerned that some federal courts are avoiding “particularly contentious constitutional questions” by relying on standing as a way of dismissing cases.
The case is part of a broader trend of disputes over gender identity and parental rights in schools. Similar cases have made their way to the Supreme Court before, including a case in May where the justices denied an appeal from a group of parents in suburban Washington who made the same argument.
To bring a lawsuit, parents must demonstrate that they have been specifically harmed by the policy. In this case, the parents failed to meet this burden, as the lower court ruled that they did not have standing to sue. The appeals court also sided with the school district, saying that the parents were trying to “pull a federal court into a range of complex and often emotional challenges on matters of gender identity.”
The Supreme Court’s decision not to hear the case is seen as a victory for the school district and a setback for the parents. The case highlights the ongoing debate over gender identity and parental rights in schools, and the challenges parents face in bringing lawsuits to challenge school policies they disagree with.