From Doe 1 v. Madison Metro. School Dist., decided Thursday by the Wisconsin Supreme Court, in an opinion by Justice Brian Hagedorn joined by Justices Ann Walsh Bradley, Rebecca Frank Dallet, and Jill Karofsky:
This case involves a constitutional challenge by parents to a school district policy. The substantive issues, however, remain pending before the circuit court and are not properly before us. This is an appeal contesting the circuit court's decision to seal and protect the parents' identities from the public and the school district, but not from the attorneys defending the school district's policy…. Applying Wisconsin law, we determine the circuit court did not erroneously exercise its discretion by requiring disclosure of the parents' identities to opposing attorneys, while allowing the parents to keep their names sealed and confidential as to the public and the district….
In April 2018, the Madison Metropolitan School District (the District) adopted a document entitled, "Guidance & Policies to Support Transgender, Non-binary & Gender Expansive Students" (the Policy). The Policy contains multiple provisions that animate the parents' claims in this case. We highlight several for context.
- "Students will be called by their affirmed name and pronouns regardless of parent/guardian permission to change their name and gender in [District] systems." …
- "School staff shall not disclose any information that may reveal a student's gender identity to others, including parents or guardians and other school staff, unless legally required to do so or unless the student has authorized such disclosure."
- "All staff correspondence and communication to families in regard to students shall reflect the name and gender documented in [the District system] unless the student has specifically given permission to do otherwise. (This might involve using the student's affirmed name and pronouns in the school setting and their legal name and pronouns with family)." …
In February 2020, a group of parents sued the District alleging the Policy violated their right to parent their children, citing Article I, Section 1 of the Wisconsin Constitution, and their right to exercise their religious beliefs under Article I, Section 18 of the Wisconsin Constitution. Contemporaneous with filing their complaint, the parents moved to proceed using pseudonyms….
