{"id":6011,"date":"2023-10-03T17:25:44","date_gmt":"2023-10-03T17:25:44","guid":{"rendered":"https:\/\/wifamily.news\/?p=6011"},"modified":"2023-10-03T18:02:43","modified_gmt":"2023-10-03T18:02:43","slug":"will-adf-secure-groundbreaking-legal-victory-in-parental-rights-case","status":"publish","type":"post","link":"https:\/\/wifamily.news\/?p=6011","title":{"rendered":"WILL &amp; ADF Secure Groundbreaking Legal Victory in Parental Rights Case"},"content":{"rendered":"<p>This post originally appeared at <a href=\"https:\/\/will-law.org\/will-adf-secure-groundbreaking-legal-victory-in-parental-rights-case\/\">https:\/\/will-law.org\/will-adf-secure-groundbreaking-legal-victory-in-parental-rights-case\/<\/a><\/p>\n<div class=\"et_pb_section et_pb_section_0 et_section_regular\">\n<div class=\"et_pb_row et_pb_row_0\">\n<div class=\"et_pb_column et_pb_column_3_4 et_pb_column_0  et_pb_css_mix_blend_mode_passthrough\">\n<div class=\"et_pb_module et_pb_text et_pb_text_0  et_pb_text_align_left et_pb_bg_layout_light\">\n<div class=\"et_pb_text_inner\">\n<h1><strong>Kettle Moraine case represents a first-of-its-kind win against a school\u2019s gender-transition policy to circumvent parents<\/strong><\/h1>\n<div><strong>The News:<\/strong> Today, the Waukesha County Circuit Court <a href=\"https:\/\/will-law.org\/wp-content\/uploads\/2023\/10\/94-2023-10-03-Decision-and-Order.pdf\">ruled in favor<\/a> of Wisconsin parents in a monumental case brought by the Wisconsin Institute for Law &amp; Liberty (WILL) and Alliance Defending Freedom (ADF). The Court held that the Kettle Moraine School District violated parents\u2019 constitutional rights to raise their own children by allowing minor students to change gender identity at school without parental consent, and even over their objection. The order enjoins the school district from \u201crefer[ring] to students using a name or pronouns at odds with the student\u2019s biological sex, while at school, without express parental consent.\u201d The decision sets a significant precedent that will help achieve greater wins across the country.\u00a0<\/div>\n<div>\u00a0<\/div>\n<div><strong>The Quotes:<\/strong> WILL Deputy Counsel, Luke Berg, stated, \u201cThis victory represents a major win for parental rights. The court confirmed that parents, not educators or school faculty, have the right to decide whether a social transition is in their own child\u2019s best interests. The decision should be a warning to the many districts across the country with similar policies to exclude parents from gender transitions at school.\u201d\u00a0<\/div>\n<div>\u00a0<\/div>\n<div>\u201cParents\u2019 rights to direct the upbringing\u00a0and\u00a0education of their children is one of the most basic constitutional rights every parent holds dear,\u201d said ADF Senior Counsel Kate Anderson, director of the ADF Center for Parental Rights. \u201cYet we are seeing more and more school districts across the country not only ignoring parents\u2019 concerns but actively working against them.\u00a0The court was right to\u00a0respect the serious concerns of these parents\u00a0by holding\u00a0that\u00a0Kettle Moraine School District\u2019s policy,\u00a0whichundermines parents and harms children, violates the Wisconsin Constitution.\u201d<\/div>\n<div>\u00a0<\/div>\n<div><strong>Background:\u00a0<\/strong>In 2021, WILL and ADF sued KMSD for supporting and affirming\u00a0a minor student\u2019s gender transition at school over the parents\u2019 objection.\u00a0Our clients\u2019 daughter began to question her gender in December 2020, and, for a time, wanted to go by a male name and pronouns while at school. Her parents sought professional and medical support for her, deciding after extensive research that immediately treating her as a boy would not be in her best interest. Their daughter is now grateful she never transitioned. The parents communicated their decision to District staff, but the District refused to respect their decision\u2014forcing them to withdraw her from the school. Just a few weeks later, their daughter realized her parents were right and expressed that the \u201caffirmation\u201d that she was a boy \u201creally messed her up.\u201d<\/div>\n<div>\u00a0<\/div>\n<div>Many medical professionals believe that transitioning to a different gender identity at a young age can become self-reinforcing and even do long-term harm, and therefore recommend a cautious approach. WILL &amp; ADF brought two distinguished expert witnesses from child\u00a0psychology, Dr. Erica Anderson, a\u00a0licensed psychologist with over 40 years of experience and Dr. Stephen Levine, a clinical psychiatrist and professor at Case Western Reserve University School of Medicine with decades of experience with gender dysphoria.<\/div>\n<div>\u00a0<\/div>\n<div><strong>The Outcome:\u00a0<\/strong>The Waukesha County Circuit Court granted summary judgment to our clients and an injunction against the District\u2019s policy. The court held that parents\u2019 constitutional right to \u201cdirect the upbringing and education of children under their control,\u201d which is protected under both the Wisconsin and United States\u2019 Constitutions, includes the right to decide whether a social transition is best for their child.\u00a0<\/div>\n<div>\u00a0<\/div>\n<div>Here are some important quotes and takeaways from the opinion:\u00a0<\/div>\n<ul>\n<li>Parents have a \u201cfundamental liberty interest in the decisions regarding care, custody, and control of their children,\u201d and school districts cannot \u201csupplant a parent\u2019s right to control the healthcare and medical decisions for their children.\u201d<\/li>\n<li>The court agreed with our experts that \u201csocial transitioning is a \u2018powerful psychotherapeutic intervention,\u2019\u201d which \u201cshould usually be preceded by a mental health professional (\u201cMHP\u201d) conducting a psychological assessment in order to see the benefits and challenges of such a transition.\u201d Thus, whether to address a child as the opposite sex \u201cis undisputedly a medical and healthcare issue.\u201d<\/li>\n<li>The court summarized as follows: \u201cThe School District could not administer medicine to a student without parental consent. The School District could not require or allow a student to participate in a sport without parental consent. Likewise, the School District cannot change the pronoun of a student without parental consent without impinging on a fundamental liberty interest of the parents.\u201d<\/li>\n<\/ul>\n<div>\u00a0<\/div>\n<div>Although there are numerous school districts with similar policies and other cases challenging those policies, this is the first case where a court has ruled on the merits in favor of parents over a school district. Thus, this case sets an important precedent that will help other parents defend their rights, both in Wisconsin and across the country.\u00a0<\/div>\n<div>\u00a0\u00a0<\/div>\n<div><strong>Read More:<\/strong><\/div>\n<ul>\n<li><a href=\"https:\/\/will-law.org\/wp-content\/uploads\/2023\/10\/94-2023-10-03-Decision-and-Order.pdf\" target=\"_blank\" rel=\"noopener noreferrer\" data-link-type=\"web\">Decision and Order<\/a>, October 2023<\/li>\n<\/ul>\n<\/div><\/div>\n<\/p><\/div>\n<div class=\"et_pb_column et_pb_column_1_4 et_pb_column_1  et_pb_css_mix_blend_mode_passthrough et-last-child\">\n<div class=\"et_pb_module et_pb_team_member et_pb_team_member_0 clearfix  et_pb_text_align_center et_pb_bg_layout_light\">\n<div class=\"et_pb_team_member_image et-waypoint et_pb_animation_off\"><img loading=\"lazy\" decoding=\"async\" width=\"617\" height=\"980\" src=\"https:\/\/wifamily.news\/wp-content\/uploads\/2023\/02\/WILL_Luke_Color_001_WEB_980x617_100ppi_Sharpened.jpg\" alt=\"Luke Berg\" class=\"wp-image-9283\" \/><\/div>\n<div class=\"et_pb_team_member_description\">\n<h4 class=\"et_pb_module_header\">Luke Berg<\/h4>\n<p class=\"et_pb_member_position\">Deputy Counsel<\/p>\n<div>\n<p>Luke@will-law.org<\/p>\n<\/div><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<p>The post <a rel=\"nofollow\" href=\"https:\/\/will-law.org\/will-adf-secure-groundbreaking-legal-victory-in-parental-rights-case\/\">WILL &amp; ADF Secure Groundbreaking Legal Victory in Parental Rights Case<\/a> appeared first on <a rel=\"nofollow\" href=\"https:\/\/will-law.org\">Wisconsin Institute for Law &amp; Liberty<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This post originally appeared at https:\/\/will-law.org\/will-adf-secure-groundbreaking-legal-victory-in-parental-rights-case\/ Kettle Moraine case represents a first-of-its-kind win against a&#8230;<\/p>\n","protected":false},"author":12,"featured_media":262,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-6011","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-will"],"_links":{"self":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/6011","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6011"}],"version-history":[{"count":2,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/6011\/revisions"}],"predecessor-version":[{"id":6013,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/6011\/revisions\/6013"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/media\/262"}],"wp:attachment":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6011"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6011"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6011"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}