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Friday, March 22, 2024

Seventh Circuit Dismisses Parents' Challenge to School District's Gender Identity Guidance

In 2021, a Wisconsin school district (District) adopted Administrative Guidance for Gender Identity Support (Guidance) to provide direction and resources to schools encountering students with questions about their gender identity. A group of parents filed a lawsuit against the District to challenge the Guidance, arguing that it violated their constitutional due process and free exercise rights because they claimed the Guidance interfered with the parents' exclusive right to make decisions with and on behalf of their children. The district court dismissed the complaint, and the parents appealed to the Seventh Circuit Court of Appeals.

In Parents Protecting Our Children v. Eau Claire Area School District, the Seventh Circuit upheld the dismissal of the lawsuit, finding that the parents had not shown a sufficient injury to bring a lawsuit. While the Court acknowledged that the parents had genuine concerns about application of the Guidance, they could not establish that they suffered any actual or imminent injury to establish standing to sue the District. 

Post Authored by Alexis Carter & Julie Tappendorf, Ancel Glink


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