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Thursday, September 19, 2024

Petition seeks SCOTUS review on parental rights in Eau Claire School District case

The Wisconsin Institute for Law & Liberty (WILL) and America First Legal (AFL) have filed a Petition for Writ of Certiorari with the Supreme Court of the United States in the case Parents Protecting Our Children v. Eau Claire Area School District. The case challenges the school district's policy of concealing gender identity transitions from parents. The petition requests that the Court recognize that parents have standing to challenge policies that usurp their decision-making authority over significant health-related decisions without their knowledge.

WILL Deputy Counsel Luke Berg commented, “Thousands of school districts across our country have these policies. 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.”

WILL and AFL represent a group of parents whose children attend schools within the Eau Claire School District and who oppose staff making decisions about their children without parental consent or knowledge. Despite being directly affected by this policy, the District Court dismissed the case due to lack of standing, a decision upheld by the Seventh Circuit.

Across the nation, over 1,000 school districts—encompassing nearly 11 million students—have implemented similar policies allowing minor students to change their gender identity at school without informing parents. These policies often prevent teachers from discussing such matters with parents and sometimes even mandate active concealment. This has led to nearly 30 lawsuits challenging these types of policies.

The Wisconsin Institute for Law & Liberty focuses on litigation, education, and public discourse in areas including individual liberties, equality under law, constitutional government and rule of law, economic freedom, and education reform. WILL claims an approximate 80% success rate in its legal endeavors.

Further details can be found in the Petition For Writ of Certiorari filed on June 5, 2024.

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