Wisconsin judge clears way for hearing on school district’s secret gender policy

Judge declares state law is clear that moms and dads, not school district administrators, get to decide what’s best for their kids.

Updated: June 2, 2022 - 11:42pm

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Another Wisconsin school district is looking at a possible trial over its secret school gender policy.

A Waukesha County judge on Wednesday dismissed a motion from the Kettle Moraine School District to dismiss a lawsuit brought by parents who say their policy of allowing kids to transition genders while at school and not tell parents is harming their children.

Judge Michael Maxwell said state law is clear that moms and dads, not school district administrators, get to decide what’s best for their kids.

“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 wrote in his opinion.

One pair of parents who are suing said Kettle Moraine’s secret gender policy harmed their then-12-year-old daughter when she started questioning her gender in 2020. The parents, referred to only as T.F. and B.F., say they told school leaders to continue to use their daughter’s female name and gender. They allege in their lawsuit that district leaders informed them they would follow school policy and call the girl whatever she wanted.

T.F. and B.F. then removed their daughter from Kettle Moraine Schools.

A second pair of parents are suing because they currently have two children in the district, and are worried about the district’s policy.

Roger Brooks with the Alliance Defending Freedom said the decision from the judge that moms and dads get to decide what is best for the children says something about where we are in 2022.

“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,” Brooks said in a statement. “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.”

The judge’s order gives Kettle Moraine Schools 20 days to respond, and sets the case on the path toward another hearing.

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