Wisconsin Judge: Schools are not mental health experts - can't hide medical treatment from parents
Social transitioning of gender dysphoric persons are medical treatments - school districts have no right to make that decision for you
This piece first appeared in Twitter(X) on October 4, 2023. Porting to Longer Thoughts, with minimal edits added for clarity. Please excuse the choppiness of the writing - it looks better in Twitter(X). -Chris
Court rules against school district and superintendent who - under "guidelines" not formally adopted by the board - hid gender dysphoric minor child's social transitioning from parents - a violation of parents' rights to make medical decisions. This is why I continue to bat away on unregulated mental health workers in schools - finally, a court is calling strikes:
Schools are not mental health experts
Social transitioning has medical implications
School psychologist and superintendent can't make those decisions for minors
School administrators who use "guidelines" (not formally board approved policies) to implement secret transitioning are circumventing both the public and their governing board
And also - it is not a Title IX issue - Bostock does not say what you want it to.
"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."
This would not happen if your child sees only board licensed mental health experts required - by law and professional standards of care - to obtain written, informed consent of parents to treat.
The school really wanted the case to be about who controls the content of education.
The court understood - no, it's about medical decisions.
Court:
Parents are not trying to control education - they are trying to make medical decisions for the child. The case is not about a "broader societal debate" or transgenderism.
Parents have a Constitutional "fundamental liberty interest" in making healthcare decisions for their children.
Court:
"Simply because the decision of a parent [not to transition child] is not agreeable to a child or because it involves risks, does not automatically transfer the power to make that decision from the parents to some agency or officer of the state."
Expert doctors testified that this is a medical issue
Expert doctors testified that schools should NOT be "treating or addressing that child's alternative gender identity without 'parental consent and buy-in"
Court:
School's defense that they are only applying Title IX - is wrong. Title IX not applicable.
[And then a swipe at Scottsdale and Mesa school districts]:
Court:
School failed to put policy up to public scrutiny
School failed to solicit input from community
School failed to even get governing board approval
School let the superintendent decide to hide medical treatment from parents
Read more on Daily Signal here, and Jane Coleman’s piece at Legal Insurrection here.
End.