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Reason
Reason
Eugene Volokh

Wisconsin Court Orders School District Not to Socially Transition Children Without Parents' Consent

From T.F. v. Kettle Moraine School Dist., decided last week by Judge Michael Maxwell (Wisc. Cir. Ct. Waukesha County) (some numbering omitted):

The Complaint alleges that the Kettle Moraine School District (hereinafter "Kettle Moraine") violated parental rights by adopting a policy to allow, facilitate, and affirm a minor student's request to transition to a different gender identity at school without parental consent and even over the parents' objection….

Findings of Fact

T.F. and B.F. had a daughter ("A.F.") that attended Kettle Moraine Middle School ("KMMS") in the Kettle Moraine School District. A.F. began questioning her gender identity and T.F. and B.F. moved her to a mental health center and that center focused on "affirming" this new gender identity.

A.F. then returned to the school with some parental support for the identity, but T.F. and B.F. ultimately changed course and went to the school informing them they wished to refer to A.F. by her legal name and female pronouns. The District replied by saying they will follow the guidance of A.F. in what pronouns to use, even over parental objections.

In response T.F. and B.F. withdrew A.F. from the District and shortly thereafter A.F. concluded that she did not want to transition genders….

Social transitioning of one's gender is a decision that should usually be preceded by a mental health professional ("MHP") conducting a psychological assessment in order to see the benefits and challenges of such a transition. Social transitioning represents "one of the most difficult psychological changes a person can experience." …

Social transitioning is a "powerful psychotherapeutic intervention" that likely reduces the number of children desisting from their transgender identity and can lead them to using puberty blockers and cross-sex hormones, which carry known risks. Thus, informed consent from the parents must be obtained before socially transitioning a child. Social transitioning without full support of one's parents can result in the child living a double life which can be "psychologically harmful."

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