The highest court in the land has settled the debate in a Wisconsin case concerning the rights of transgender students. On Dec. 9, the U.S. Supreme Court decided against hearing an appeal filed by a group of Eau Claire parents. The refusal effectively leaves in place a lower court's decision, which dismissed a lawsuit challenging a school district policy on gender identity support. CBS News reports that the policy, which has been the subject of legal scrutiny, allows students to change their names and pronouns, use bathrooms and participate in sports according to their gender identity without parental notification.
Representatives for the parents had previously presented their case as an infringement on constitutional protections for parental rights and religious freedom. However, lower courts ruled that the parents lacked legal standing, citing no evidence that the policy directly affected them or their children. Many of sixteen Republican-led states had voiced their support for these parents, urging the Supreme Court to take up the case. According to FOX 6, three justices, Samuel Alito, Brett Kavanaugh, and Clarence Thomas, expressed interest in reviewing the case, but their minority fell one vote short of the court's threshold.
Despite the outcome, the discourse surrounding parental rights in public education remains a contentious topic. The conservative Wisconsin Institute for Law and Liberty voiced their disappointment following the decision. Luke Berg, a representative for the institute, said in a statement obtained by Wisconsin Public Radio, "If parents cannot challenge them until after their children are harmed, they have no way to protect their kids other than pulling them from public school."
In contrast, representatives from the Eau Claire Area School District have expressed relief over the matter's conclusion. Tim Nordin, the district's School Board President, told Wisconsin Public Radio, "As a district we are always trying to do our level best to help our students and families... We’re going to just continue to work through our district mission of helping students to lead creative, fulfilling and responsible lives." Moreover, Brian Juchems, Senior Director of Education and Policy at advocacy group GSAFE, believes the Supreme Court was correct in their decision, remarking that schools must be given the flexibility to accommodate and ensure the well-being of all students.
