Wisconsin Supreme Court Hears Case About Forced Disclosure of Students' Use of Different Names or Pronouns In The Madison Metropolitan School District

MADISON - May 24, 2022 - The ACLU of Wisconsin and the national ACLU appeared before the Wisconsin Supreme Court today for oral arguments in Doe v Madison Metropolitan School District- a case in which the organizations are representing three student Gender and Sexuality Alliances in the district in defending the district's policy of granting students the autonomy to use different names or pronouns at school without it being involuntarily disclosed to their parents.

While today's argument specifically dealt with whether the plaintiffs bringing the Doe v Madison Metropolitan School District case can remain anonymous, the case highlights the growing number of attacks on LGBTQ+ youth throughout the country.

So far in 2022, over 200 anti-LGBTQ laws have been proposed in 35 states around the country and these bills overwhelmingly have targeted trans youth.

"If parents are told that their child is using a different name or different pronouns at school without getting consent from the student, it can destabilize the students' lives and potentially put them in danger if they are raised in an environment that is hostile to LGTBQ people," said Larry Dupuis, the legal director for the ACLU of Wisconsin. "Young people have various reasons for delaying sharing aspects of their identities with their parents - some are not ready, some may fear rejection, condemnation, or worse - whatever the reason may be, it should be respected."

For too many transgender and gender-expansive youth, school is the only place where they can safely and freely be themselves," said Amira Pierotti, a senior at Memorial High School in Madison. "I know many youth who have needed this guidance because they feared for their safety and housing. Outing transgender youth creates a culture of silence, fear, trauma, and violence: we deserve better."

The ACLU emphasized that the impact of this case is far larger than the technical matter argued today.

"By attempting to force the district to notify the parents of students who have asked to use a different name or pronoun than they were assigned at birth - even when it is against the students' wishes - the plaintiffs are putting trans and nonbinary youth, children already in a vulnerable position, at even further risk," said Chris Donahoe, a staff attorney with the ACLU of Wisconsin. "The schools' guidance protects youth by allowing them to be who they are without fear of being outed against their will, providing them with the freedom and safety to explore their identity on their own terms."

According to an amicus brief filed by a group of psychologists who support the District's voluntary disclosure policy, approximately one-third of transgender youth are rejected by their families after disclosing their identity. Youth who are rejected by their families can face physical and verbal abuse, and homelessness, and are sometimes forced to endure attempts to have their identity or orientation changed.

Jon Davidson, a senior staff attorney with the ACLU's national LGTBQ & HIV Project, added: "Attacks on LGBTQ+ youth have become a political ploy gaining traction all over the country. In Wisconsin, we've seen politicians openly discriminate against trans students who play sports, attempt to ban trans minors from receiving lifesaving health care, and single them out under the guise of "parental rights." This case is yet another iteration of pathologizing LGBTQ+ youth and using their identities for political points. Young people who are trans or gender nonconforming need support and affirmation, not political targeting."