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The U.S. Supreme Court on Monday rejected an appeal from Wisconsin parents who wanted to challenge a school district’s guidance for supporting transgender students.
The justices, acting in a case from Eau Claire, left in place an appellate ruling dismissing the parents’ lawsuit.
Parents with children in Eau Claire public schools argued in a lawsuit that the school district’s policy violates constitutional protections for parental rights and religious freedom.
Sixteen Republican-led states had urged the court to take up the parents’ case.
Lower courts had found that the parents lacked the legal right, or standing. Among other reasons, the courts said no parent presented evidence that the policy affected them or their children.
A unanimous three-judge panel of the 7th U.S. Circuit Court of Appeals included two judges Republican Donald Trump appointed during his first term.
But Alito described the case as presenting “a question of great and growing national importance,” whether public school districts violate parents’ rights when they encourage students to transition or assist in the process without parental consent or knowledge.
“Administrative Guidance for Gender Identity Support” encourages transgender students to reach out to staff members with concerns and instructs employees to be careful who they talk to about a student’s gender identity, since not all students are “out” to their families.
Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup.This story is published in partnership with The Associated Press.
Two Wisconsin LGBTQ+ advocacy groups are planning to file a federal civil rights complaint against another Wisconsin school district over this district’s recent shift to more restrictive policies for transgender students.
Two Wisconsin LGBTQ+ advocacy groups filed a federal civil rights complaint against the School District of Waukesha, alleging officials there are fostering a hostile environment by violating Title IX.
U.S. Sen. Tammy Baldwin, D-Wis., has not stated support for gender-affirming surgeries for minors.
A claim about Baldwin supporting “sex change surgeries” for children was made in an Oct. 8, 2024, ad from the Senate Leadership Fund, a conservative super PAC.
It alluded to Baldwin saying transgender kids deserve to “get the health care they need.”
Her October 2023 post included one by Wisconsin Gov. Tony Evers, who promised to veto legislation (vetoed in December) that would have banned medical transition for minors.
Baldwin’s campaign said Baldwin supported the veto because doctors could have been disciplined even for counseling LGBTQ+ youths.
The fund cited to Wisconsin Watch instances of Baldwin supporting gender-affirming care, defined by the World Health Organization as social, psychological, or medical interventions, including surgery, to “affirm an individual’s gender identity.”
In Wisconsin, transgender care for children is prescribed with parental involvement. It involves no medication until puberty and no surgery in most cases until adulthood.
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U.S. Sen. Tammy Baldwin, D-Wis., directed $400,000 in 2024 federal spending to Briarpatch Youth Services, a Madison, Wisconsin-area nonprofit.
Republican Eric Hovde, Baldwin’s opponent in the Nov. 5 election, alluded to the earmark in claiming that Baldwin “gave all of our money to a transgender clinic … that does this without notifying parents.”
Briarpatch provides counseling, shelter, job assistance and other services to runaway and homeless youths.
It’s not a transgender clinic.
Briarpatch says its Teens Like Us program supports “queer youth ages 13-18.”
Fox News’ March report on the earmark said Briarpatch’s website said clients did not need parental permission to join Teens Like Us.
A Wall Street Journal op-ed reported that after the Fox News report, Briarpatch removed from its website references to clothing that help transgender people adapt their appearance to their gender identity.
Briarpatch told Wisconsin Watch it changed its site to protect youth safety.
This fact brief is responsive to conversations such as this one.