Problem:
The Eau Claire Area School District has implemented a policy that allows school administrators to facilitate a social transition for a child without informing or seeking consent from their parents. This policy permits school staff to keep the social transition of a gender-confused child hidden from their parents. Parents have the fundamental right to decide what medical treatments their children receive. By allowing a child to socially transition without informing or seeking consent from parents, the school district is providing psychosocial medical treatment to a child, which violates the parents’ right to raise their own child. Children lack the maturity and experience to consent to various things, including medical care, which is why parents have been entrusted with decision-making authority for their children’s medical decisions. Only competent parents can provide informed consent for medical treatment for their children, excluding medical emergencies. It is important to note that children are not wards of the state.
Action:
AFL joined with the Wisconsin Institute for Law and Liberty and sued on behalf of a parents group in Eau Claire, Wisconsin, that wants to protect their children from the predation of the local school administration. The case was dismissed in the trial court based on a lack of standing.
Result:
The case is currently on appeal to the U.S. Court of Appeals for the Seventh Circuit.
