Dane Co. judge orders injunction against MMSD gender identity guidance

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MADISON, Wis. — A judge has issued an injunction against a Madison Metropolitan School District guidance that allows school staff to use transgender students’ preferred name at school.

The Wisconsin Institute For Law & Liberty sued the school district in February on behalf of 14 parents.  The lawsuit claims the policy violates parent’s constitutional rights by not telling them if their child wants to be called a different name at school.

The injunction prevents MMSD from enforcing any practice in its gender identity guidelines “in any manner that allows or requires District staff to conceal information or to answer untruthfully in response to any question that parents ask about their child at school, including information about the name and pronouns being used to address their child at school.”

The injunction does not create an obligation for schools to notify parents if their children make gender identity changes.

In a statement Tuesday afternoon, a spokesman for MMSD referred to the district’s approach as “only guidance and not policy.”

“The District has not and does not construe or interpret the Guidance to support or encourage MMSD officials to misrepresent or conceal anything from parents, and the Court did not otherwise require MMSD to change its existing approach,” the statement said.

Dane County Circuit Court Judge Frank Remington issued the injunction last week, according to a news release from WILL.

The MMSD guidance was put in place in 2018.