Groups warn of legal action if the district transitions a child without parental notice or consent

The News: The Wisconsin Institute for Law & Liberty (WILL), partnering with Upper Midwest Law Center, have warned the Rochester School District that their new gender identity policy is unconstitutional and will sue the District if it ever applies the policy to transition a child without parental consent. The District’s new policy gives students, of any age, the “right” to change their names, pronouns, and bathroom use, all without parental consent.

The Quotes: Luke Berg, WILL Deputy Counsel, explained, “Parents have the right to raise their children. No school district can make this kind of decision for parents. WILL has considerable experience defending parental rights, and will do so again.”

“Parents have a constitutional right to guide the upbringing, education, and care of their children. Yet school districts like Rochester are ignoring parents’ concerns and even actively working against them,” said James Dickey, UMLC Senior Counsel. “Alongside WILL, we instruct the district to swiftly change its policy to avoid undermining parents and harming children.”

Additional Background: The United States Constitution recognizes the “inherent right” of parents to “direct the upbringing and education of children under their control.” This means parents are the primary decision-makers with respect to their minor children. But this gender identity policy disregards parents’ decisions about how their children will be developed and cared for at school. There have been many court cases, including WILL’s successful lawsuit against the Kettle Moraine School District, that condemn schools for aiming to supersede parental authority.

Many experts believe that facilitating a transition and addressing a child as if he or she is the opposite sex can do long-term harm to the child by reinforcing gender dysphoria and reducing the likelihood that the child will find comfort with his or her body. This may lead to serious mental health concerns or lead children to seek medical procedures, which has many associated risks. Considering the long-term implications, parents should be actively involved in decision-making about a social transition.

We urge the district to rescind this policy for the sake of parental rights and the care of their children. We also encourage parents to request to opt out of this program, to ensure they have proper supervision to support their children. Finally, we once again state that legal action will be taken if the district applies this policy to violate parental rights.

Read More:

• Letter, July 2024