Parents File Lawsuit Against Eau Claire School District

Monday, September 12th, 2022 -- 8:00 AM

(Leah Treidler, Wisconsin Public Radio) A group of local parents, represented by the conservative groups America First Legal and the Wisconsin Institute for Law and Liberty, are suing the Eau Claire Area School District over its guidance on supporting transgender and gender non-conforming students.

According to Leah Treidler of Wisconsin Public Radio, the parents say the guidelines violate their religious liberty and constitutional right to make decisions about their children. The district's guidance encourages school staff to meet with transgender students about changing their names and pronouns, using different bathrooms and playing on sports teams that match their gender identity.

According to a district administrative guide made public by WILL, this is meant to "foster inclusive and welcoming environments that are free from discrimination, harassment, and bullying" and "to facilitate compliance with district policy."

Eau Claire's school district doesn't require staff to inform parents about these changes.  "Some transgender, non-binary, and/or gender-nonconforming students are not 'open' at home for reasons that may include safety concerns or lack of acceptance," the district guide said. The lawsuit is asking the court to strike down that guidance.

"That policy flagrantly violates parents' constitutional rights," said Luke Berg, deputy counsel for WILL. "Courts have long recognized that parents have the right to raise their children and to make decisions with respect to their children. The government cannot step in and make those decisions for parents, and that is what the Eau Claire Area School District is doing."

Making changes without parental consent, Berg said, can also interfere with a parent's ability to raise their child in accordance with their religious beliefs. "By cutting parents out of the decision-making process and just immediately facilitating a transition, the school district is preventing parents from consulting with experts and choosing the right course for their child," he said.

The Eau Claire Area School District declined to comment on the lawsuit.

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