Gender Identity Support- Due Process and Free Exercise Clauses of the U.S. Constitution

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7^th Circuit Court of Appeals

Case Name: Parents Protecting Our Children, UA v. Eau Claire Area School District, Wisconsin

Case No.: 23-1534

Officials: Wood, Scudder, and St. Eve, Circuit Judges.

Focus: Gender Identity Support- Due Process and Free Exercise Clauses of the U.S. Constitution

Parents Protecting Our Children, an organization of parents, sought to halt the implementation of the Eau Claire Area School District’s Administrative Guidance for Gender Identity Support. The parents contended that the policy violated their rights under the Due Process and Free Exercise Clauses of the U.S. Constitution, impeding their authority to make decisions for their children. However, the District Court dismissed the case, citing a lack of jurisdiction, as the parents couldn’t demonstrate any specific instances where the policy had infringed upon their parental rights.

The Court of Appeals upheld the lower court’s decision. It ruled that the parents’ concerns about potential future applications of the policy weren’t sufficient grounds for legal action unless there was evidence of actual harm or an imminent risk of harm. The court noted that the parents had brought a challenge against the policy before it had been enforced, and without any proof that the School District had used it in a manner detrimental to parental rights.

Additionally, the court emphasized that the Administrative Guidance didn’t mandate excluding parents from discussions or decisions regarding a student’s gender expression at school. It concluded that the alleged harm relied on speculative scenarios, which didn’t meet the requirements for Article III standing.

Affirmed.

Decided 03/07/24

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