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Parents sue Wisconsin school district over trans-inclusive pronoun and name policy

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Here at Daily Kos, we’ve covered Republican attacks on trans youth—and particularly, trans youth in schools—amid the ongoing novel coronavirus pandemic. Again and again, we’ve talked about how deeply vulnerable trans and queer youth are, both at home and in school; being “outed,” for example, can result in a young person being abused at home, or even becoming homeless. Bullying and harassment at school can contribute to mental health issues like depression, anxiety, and even push youth to leave school without a diploma. Queerphobia is real and its effects in the short and long term are sadly very real.

It’s important to celebrate when parents and allies get things right—we love covering stories where brave folks stand up for their openly trans loved ones, whether that’s participating in a protest or speaking at the statehouse. But, sadly, sometimes families aren’t supportive. Sometimes the people who are supposed to fight on behalf of vulnerable marginalized youth get it wrong. As reported by The Guardian, for example, two sets of parents are suing a school district in Wisconsin because teachers and staff, apparently, provided students with a shred of trans-inclusive dignity—and the parents think this is a violation of their constitutional rights.

As some background, the Kettle Moraine school district has a policy in place that allows students to change their names and pronouns without their parents or guardians being involved. This means, for example, that a student can let teachers know they want to be referred to with they/them pronouns without the school calling home or requesting a signed note from the parents. This is basic dignity, really, and makes perfect sense, but it’s not the norm in all school districts.

Two sets of parents have filed a lawsuit against the district over this policy, arguing that it’s a violation of their constitutional rights as parents. The suit argues that the school district oversteps and undermines parents regarding a “major” and “controversial” issue. Specifically, the suit argues that using the correct name and pronouns for a trans child is essentially a form of medical treatment for gender dysphoria, and insists that parents must make that decision for minors.

Surprising absolutely no one, two conservative groups are representing the parents in the suit—the Wisconsin Institute for Law and Liberty and, you guessed it, the Alliance Defending Freedom (ADF). The nonprofits filed the lawsuit in Waukesha County circuit court in November.

According to the lawsuit, the parents of one of the children, a 12-year-old, have already removed their child from the district in an effort to “avoid daily affirmation” of their child’s identity by teachers at the school. The child wanted to use he/him/his pronouns and a different name upon returning to school, and apparently, the parents could not handle their child having even the smallest bit of dignity and affirmation. So they pulled them from school. And sued.

What do the parents want? According to the suit, the parents want a “declaration and injunction” against the policy to “ensure” that the district will “respect their role as parents.”

In a statement to CBS News, Kate Anderson, who serves as senior counsel for the ADF, said that parents’ rights to “direct the upbringing, education, and mental health treatment” of their children is one of the “most basic constitutional rights” they have. Anderson says school districts are “ignoring” and “actively working against” this.

To which I say: But what about the rights of children?

Sign the petition: Demand the Senate pass the Equality Act and protect the LGBTQ community from discrimination.
 
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