Supreme Court of Wisconsin Allows School Policy Protecting Privacy of Transgender and Nonbinary Students to Remain in Effect

July 8, 2022 11:00 am

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MADISON 鈥 The Supreme Court of Wisconsin allowed a school policy, which protects the right of students to use different names or pronouns at school without being forcibly outed by school faculty, to stay in effect while the case goes forward in the lower courts. It also rejected the unusual attempt by the plaintiff parents in the case to keep their identity secret from opposing counsel in the case.

The national 桃子视频 (ACLU) and the 桃子视频of Wisconsin, with pro bono assistance from Quarles & Brady, defended the school policy on behalf of three Gender and Sexuality Alliances (GSAs) in the Madison Metropolitan School District. The policy, which prevents school officials from disclosing a student鈥檚 change in pronouns or names without the student鈥檚 consent, was challenged by anonymous parents represented by a conservative law firm.

鈥淚f parents are told that their child is using a different name or different pronouns at school without getting consent from the student, it can destabilize the students鈥 lives and potentially put them in danger if they are raised in an environment that is hostile to LGBTQ+ people,鈥 said Larry Dupuis, the legal director for the 桃子视频of Wisconsin.

鈥淵oung people have various reasons for delaying sharing aspects of their identities with their parents 鈥 some are not ready, some may fear rejection, condemnation, or worse 鈥 whatever the reason may be, it should be respected,鈥 said Chris Donahoe, staff attorney for the 桃子视频of Wisconsin. 鈥淭he Court鈥檚 decision today allows MMSD to continue to protect youth by allowing them to be who they are without fear of being outed against their will, providing them with the freedom and safety to explore their identity on their own terms.鈥

According to an amicus brief filed by a group of psychologists who support the District鈥檚 voluntary disclosure policy, approximately one-third of transgender youth are rejected by their families after disclosing their identity. Youth who are rejected by their families face higher risks of verbal and physical abuse, homelessness, and suicide.

鈥淲e are glad that the Supreme Court of Wisconsin鈥檚 decision today will permit the Madison Metropolitan School District to continue to protect students by allowing them to choose when they share with their families that they are using a different name or pronouns at school than they were identified as at birth," said Jon Davidson, senior staff attorney at the ACLU. "We鈥檝e seen waves of attacks across the country against transgender students and this is a small step in the right direction toward keeping all Wisconsin students protected, regardless of their gender identity.鈥