Dane County Circuit Court Judge Frank Remington dismissed a 2020 lawsuit against the Madison Metropolitan School District Nov. 23. The Wisconsin Institute for Law and Liberty — a conservative advocacy group who initially filed the lawsuit — appealed the dismissal Nov. 26.

In Feb. 2020, WILL sued MMSD on behalf of 14 anonymous parents over the district’s guidance for transgender, non-binary and gender-questioning students, according to the Cap Times. Due to two years of arguments and appeals, only one petitioner — Jane Doe 4 — remains of the original 14 parents in the lawsuit, according to the Cap Times.

Remington cited a lack of standing for the dismissal, stating Jane Doe 4 had no evidence that the policy presented her any harm. There was no evidence the transgender policy applies to — or will apply to — Jane Doe’s child, along with a lack of evidence the policy harms Jane Doe herself, according to the dismissal. 

UPDATED: Shooting on State Street leaves at least one injured

The lawsuit claimed MMSD’s guidance on transgender students violates the constitutional rights of parents, according to the Cap Times. The plaintiffs requested the court to prohibit MMSD staff from facilitating gender transitions during school and allow staff to communicate with parents when their child questions their gender identity, according to the Cap Times.

MMSD’s policy in question — “Guidance and Policies to Support Transgender, Non-binary and Gender-Expansive Students — was released in Apr. 2018. The table of contents includes best practices for student gender transitions, laws and policies, names and pronouns, safety and bullying, along with inclusive classroom practices, according to the guidance.

The district provides a rationale and purpose for the guidance, stating transgender high school students in MMSD experienced more adverse outcomes than cisgender peers in the 2015 Dane County Youth Assessment.

WERC rules UW Health not required to recognize nurses’ union

With the intention of supporting all MMSD students, the guidance works as a resource for families, youth and staff so transgender, gender-expansive and non-binary students can experience a high-equality, inclusive and equitable education, according to the guidance.

The document also outlines a plan to conduct ongoing training with staff members, and prohibits staff from disclosing any information that may reveal a student’s gender identity unless legally required.

Remington said Jane Doe’s argument was a matter of harm that “could happen,” rather than “anticipatory harm,” according to the Cap Times. Due to this, Remington could not make a declarative judgment.