WASHINGTON — On Monday, the Supreme Court declined to hear an appeal from parents in Wisconsin who sought to contest a school district’s policy supporting transgender students.
The justices, in a case originating from Eau Claire, upheld an appellate decision that had dismissed the lawsuit put forth by the parents.
Only three justices—Samuel Alito, Brett Kavanaugh, and Clarence Thomas—expressed a desire to consider the case, falling just one vote short of the necessary number for a comprehensive review by the Supreme Court.
The parents, whose children attend public schools in Eau Claire, claimed in their lawsuit that the school district’s policy infringes on parental rights and religious freedoms guaranteed by the Constitution.
This case has drawn the attention of sixteen states, led by Republican governors, who previously urged the Supreme Court to take on the parents’ challenge.
Lower courts determined that the parents did not have sufficient legal standing to bring the case.
They indicated that none of the parents provided evidence demonstrating that the policy negatively affected them or their children.
A unanimous decision was reached by a three-judge panel of the 7th U.S. Circuit Court of Appeals, which included two judges appointed by former President Donald Trump during his initial term in office.
Justice Alito characterized the matter as raising “a question of great and growing national importance”—namely, whether school districts infringe on parental rights when they support students in their transition or aid in the process without involving the parents.
The school district’s “Administrative Guidance for Gender Identity Support” encourages transgender students to communicate their concerns with staff and instructs employees to be cautious in discussing a student’s gender identity with others, recognizing that not all students have disclosed this information to their families.