Doe v. Madison Metropolitan School District
What's at Stake
In February 2020, several parents anonymously sued the Madison Metropolitan School District in Wisconsin state court. The parents claim that the school district’s guidance that seeks to provide support for transgender, non-binary, and gender-expansive students violates parental rights by allowing students to use names and pronouns at school different from those they were assigned at birth, without providing parental notification absent a student’s consent. The ACLU and ACLU of Wisconsin intervened in the case on behalf of LGBTQ student groups at schools in the district to help defend the district’s guidance.
Summary
The trial court declined to allow the parents to sue without at least informing the court and counsel for the other parties to the lawsuit of their identities. The parents appealed that ruling and the intermediate appellate court and then the Wisconsin Supreme Court affirmed the trial court on that issue. The Wisconsin Supreme Court also ruled that the question of whether the school district, pending resolution of the case, should have to inform a student’s parents if a student requests to use a different name or pronouns than they were assigned at birth, even if the student does not consent to the disclosure, was not then properly before the Wisconsin Supreme Court.
UPDATE: On June 30, 2023, the sole remaining plaintiff dismissed her appeal of the trial court order holding that she lacked standing to challenge the school district’s policy because there was no indication she or her child would ever be affected by the policy. This case therefore is now concluded. We were successful in defeating this effort to overturn the Madison school district’s good policy protecting transgender and non-binary students against disclosure to their parents without their consent that they are using a name or pronouns inconsistent with the sex they were assigned at birth.
Legal Documents
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06/30/2023
Notice of Dismissal of Appeal -
05/18/2023
Non-Party Amicus Brief of Daniel Blinka -
04/20/2023
Amicus Briefs in Support of Defendant-Respondent -
- Amicus Brief of Professors of Psychology and Human Development
- Amicus Brief of Madison Teachers
Doe v. Madison Metropolitan School DistrictLegal DocumentsAmicus Brief of Professors of Psychology and Human DevelopmentDate Filed: 04/20/2023
Court: Wisconsin Court of Appeals
Download DocumentDoe v. Madison Metropolitan School DistrictLegal DocumentsAmicus Brief of Madison TeachersDate Filed: 04/21/2023
Court: Wisconsin Court of Appeals
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03/08/2023
Appellant's Opening Brief -
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04/07/2023
Joint Response Brief of Defendants-Respondents -
04/24/2023
Reply Brief of Appellant
Doe v. Madison Metropolitan School DistrictLegal DocumentsJoint Response Brief of Defendants-RespondentsDate Filed: 04/07/2023
Court: Wisconsin Court of Appeals
Download DocumentDoe v. Madison Metropolitan School DistrictLegal DocumentsReply Brief of AppellantDate Filed: 04/24/2023
Court: Wisconsin Court of Appeals
Download Document -
04/07/2023
Date Filed: 06/30/2023
Court: Wisconsin Court of Appeals
Download DocumentDate Filed: 05/18/2023
Court: Wisconsin Court of Appeals
Download DocumentDate Filed: 03/08/2023
Court: Wisconsin Court of Appeals
Download Document-
05/19/2023
Order Denying Plaintiff-Appellant-Petitioner's Motion for Injunction Pending Appeal and Petition to Bypass -
03/31/2023
Plaintiff-Appellant-Petitioner's Reply in Support of Bypass -
03/31/2023
Plaintiff-Appellant-Petitioner's Reply in Support of Injunction Pending Appeal -
03/03/2023
Order Regarding Petition for Bypass -
07/08/2022
Decision -
03/30/2022
Reply Brief of Petitioners -
03/25/2022
Amicus Briefs in Support of Defendants-Respondents -
- Amicus Brief of Madison Teachers
- Amicus Brief of American Academy of Child and Adolescent Psychiatry
- Amicus Brief of Professors of Psychology and Human Development
Doe v. Madison Metropolitan School DistrictLegal DocumentsAmicus Brief of Madison TeachersDate Filed: 03/25/2022
Court: Wisconsin Supreme Court
Download DocumentDoe v. Madison Metropolitan School DistrictLegal DocumentsAmicus Brief of American Academy of Child and Adolescent PsychiatryCourt: Wisconsin Supreme Court
Download DocumentDoe v. Madison Metropolitan School DistrictLegal DocumentsAmicus Brief of Professors of Psychology and Human DevelopmentDate Filed: 03/25/2022
Court: Wisconsin Supreme Court
Download Document -
03/16/2022
Joint Brief of Defendants-Respondents -
02/14/2022
Opening Brief of Petitioners -
01/13/2022
Order Granting Petition for Review -
08/13/2021
Petition for Review -
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08/13/2021
Appendix to Petition for Review -
08/27/2021
Response to Petition for Review -
08/27/2021
Respondent Appendix
Doe v. Madison Metropolitan School DistrictLegal DocumentsAppendix to Petition for ReviewDate Filed: 08/13/2021
Court: Wisconsin Supreme Court
Download DocumentDoe v. Madison Metropolitan School DistrictLegal DocumentsResponse to Petition for ReviewDate Filed: 08/27/2021
Court: Wisconsin Supreme Court
Download DocumentDoe v. Madison Metropolitan School DistrictLegal DocumentsRespondent AppendixDate Filed: 08/27/2021
Court: Wisconsin Supreme Court
Download Document -
08/13/2021
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03/04/2021
Order Denying Petition for Review -
12/23/2020
Response in Opposition to Petition for Review
Date Filed: 05/19/2023
Court: Wisconsin Supreme Court
Download DocumentDate Filed: 03/31/2023
Court: Wisconsin Supreme Court
Download DocumentDate Filed: 03/31/2023
Court: Wisconsin Supreme Court
Download DocumentDate Filed: 03/03/2023
Court: Wisconsin Supreme Court
Download DocumentDate Filed: 07/08/2022
Court: Wisconsin Supreme Court
Download DocumentDate Filed: 03/30/2022
Court: Wisconsin Supreme Court
Download DocumentDate Filed: 03/16/2022
Court: Wisconsin Supreme Court
Download DocumentDate Filed: 02/14/2022
Court: Wisconsin Supreme Court
Download DocumentDate Filed: 01/13/2022
Court: Wisconsin Supreme Court
Download DocumentDate Filed: 08/13/2021
Court: Wisconsin Supreme Court
Download DocumentDate Filed: 03/04/2021
Court: Wisconsin Supreme Court
Download DocumentDate Filed: 12/23/2020
Court: Wisconsin Supreme Court
Download Document-
11/02/2020
Order Denying Motion for Injunctive Relief Pending Appeal -
10/13/2020
Plaintiffs-Appellants' Motion for an Injunction Pending Appeal -
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10/13/2020
Plaintiffs-Appellants' Memo in Support of Motion for Injunction Pending Appeal
Doe v. Madison Metropolitan School DistrictLegal DocumentsPlaintiffs-Appellants' Memo in Support of Motion for Injunction Pending AppealDate Filed: 10/13/2020
Court: Wisconsin Court of Appeals
Download Document -
10/13/2020
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10/05/2020
Joint Brief of Defendants-Respondents -
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10/23/2020
Reply Brief of Plaintiffs-Appellants
Doe v. Madison Metropolitan School DistrictLegal DocumentsReply Brief of Plaintiffs-AppellantsDate Filed: 10/23/2020
Court: Wisconsin Court of Appeals
Download Document -
10/23/2020
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08/31/2020
Plaintiffs-Appellants' Opening Brief -
06/17/2020
Petition for Permissive Appeal -
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07/06/2020
Intervenor-Respondents' Opposition Brief to Petition for Permissive Appeal -
07/06/2020
Defendant-Respondent's Opposition Brief to Petition for Permissive Appeal
Doe v. Madison Metropolitan School DistrictLegal DocumentsIntervenor-Respondents' Opposition Brief to Petition for Permissive AppealDate Filed: 07/06/2020
Court: Wisconsin Court of Appeals
Download DocumentDoe v. Madison Metropolitan School DistrictLegal DocumentsDefendant-Respondent's Opposition Brief to Petition for Permissive AppealDate Filed: 07/06/2020
Court: Wisconsin Court of Appeals
Download Document -
07/06/2020
Date Filed: 11/02/2020
Court: Wisconsin Court of Appeals
Download DocumentDate Filed: 10/13/2020
Court: Wisconsin Court of Appeals
Download DocumentDate Filed: 10/05/2020
Court: Wisconsin Court of Appeals
Download DocumentDate Filed: 08/31/2020
Court: Wisconsin Court of Appeals
Download DocumentDate Filed: 06/17/2020
Court: Wisconsin Court of Appeals
Download Document-
01/20/2023
Decision and Order Denying Injunction Pending Appeal -
11/23/2022
Decision and Order Dismissing Case -
09/28/2020
Order Partially Granting and Partially Denying Plaintiffs' Motion for Injunction Pending Appeal -
08/06/2020
Expert Affidavit of Dr. Scott F. Leibowitz -
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08/14/2020
Rebuttal Expert Affidavit of Dr. Stephen Levine
Doe v. Madison Metropolitan School DistrictLegal DocumentsRebuttal Expert Affidavit of Dr. Stephen LevineDate Filed: 08/14/2020
Court: Wisconsin Circuit Court
Download Document -
08/14/2020
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06/25/2020
Plaintiffs' Brief in Support of Motion for an Injunction Pending Appeal -
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08/06/2020
Defendant's and Intervenors' Joint Opposition to Plaintiff's Motion for Injunction Pending Appeal -
08/14/2020
Plaintiffs' Reply in Support of Motion for Injunction Pending Appeal
Doe v. Madison Metropolitan School DistrictLegal DocumentsDefendant's and Intervenors' Joint Opposition to Plaintiff's Motion for Injunction Pending AppealDate Filed: 08/06/2020
Court: Wisconsin Circuit Court
Download DocumentDoe v. Madison Metropolitan School DistrictLegal DocumentsPlaintiffs' Reply in Support of Motion for Injunction Pending AppealDate Filed: 08/14/2020
Court: Wisconsin Circuit Court
Download Document -
08/06/2020
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06/12/2020
Plaintiffs' Motion to Stay Pending Appeal -
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06/24/2020
Defendant's and Intervenors' Joint Response to Motion to Stay Pending Appeal -
06/24/2020
Plaintiffs' Reply in Support of Motion to Stay Pending Appeal
Doe v. Madison Metropolitan School DistrictLegal DocumentsDefendant's and Intervenors' Joint Response to Motion to Stay Pending AppealDate Filed: 06/24/2020
Court: Wisconsin Circuit Court
Download DocumentDoe v. Madison Metropolitan School DistrictLegal DocumentsPlaintiffs' Reply in Support of Motion to Stay Pending AppealDate Filed: 06/24/2020
Court: Wisconsin Circuit Court
Download Document -
06/24/2020
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06/01/2020
Order Granting Intervenor-Defendants' Motion to Intervene -
05/04/2020
Brief in Support of Motion to Intervene -
03/11/2020
Defendant's Motion to Dismiss -
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04/30/2020
Plaintiffs' Response to Defendant's Motion to Dismiss -
05/04/2020
Proposed Intervenors' Motion to Join Defendant's Motion to Dismiss -
05/15/2020
Defendant's Reply Brief in Support of Motion to Dismiss
Doe v. Madison Metropolitan School DistrictLegal DocumentsPlaintiffs' Response to Defendant's Motion to DismissDate Filed: 04/30/2020
Court: Wisconsin Circuit Court
Download DocumentDoe v. Madison Metropolitan School DistrictLegal DocumentsProposed Intervenors' Motion to Join Defendant's Motion to DismissDate Filed: 05/04/2020
Court: Wisconsin Circuit Court
Download DocumentDoe v. Madison Metropolitan School DistrictLegal DocumentsDefendant's Reply Brief in Support of Motion to DismissDate Filed: 05/15/2020
Court: Wisconsin Circuit Court
Download Document -
04/30/2020
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02/19/2020
Expert Affidavit of Dr. Stephen Levine -
02/19/2020
Plaintiffs' Motion for Temporary Injunction -
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02/19/2020
Plaintiffs' Brief in Support of Motion for Temporary Injunction
Doe v. Madison Metropolitan School DistrictLegal DocumentsPlaintiffs' Brief in Support of Motion for Temporary InjunctionDate Filed: 02/19/2020
Court: Wisconsin Circuit Court
Download Document -
02/19/2020
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02/18/2020
Plaintiffs' Motion to Proceed Using Pseudonyms -
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02/18/2020
Plaintiffs' Brief in Support of Motion to Proceed Using Pseudonyms
Doe v. Madison Metropolitan School DistrictLegal DocumentsPlaintiffs' Brief in Support of Motion to Proceed Using PseudonymsDate Filed: 02/18/2020
Court: Wisconsin Circuit Court
Download Document -
02/18/2020
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02/18/2020
Complaint and Summons
Date Filed: 01/20/2023
Court: Wisconsin Circuit Court
Download DocumentDate Filed: 11/23/2022
Court: Wisconsin Circuit Court
Download DocumentDate Filed: 09/28/2020
Court: Wisconsin Circuit Court
Download DocumentDate Filed: 08/06/2020
Court: Wisconsin Circuit Court
Download DocumentDate Filed: 06/25/2020
Court: Wisconsin Circuit Court
Download DocumentDate Filed: 06/12/2020
Court: Wisconsin Circuit Court
Download DocumentDate Filed: 06/01/2020
Court: Wisconsin Circuit Court
Download DocumentDate Filed: 05/04/2020
Court: Wisconsin Circuit Court
Download DocumentDate Filed: 03/11/2020
Court: Wisconsin Circuit Court
Download DocumentDate Filed: 02/19/2020
Court: Wisconsin Circuit Court
Download DocumentDate Filed: 02/19/2020
Court: Wisconsin Circuit Court
Download DocumentDate Filed: 02/18/2020
Court: Wisconsin Circuit Court
Download DocumentDate Filed: 02/18/2020
Court: Wisconsin Circuit Court
Download DocumentPress Releases
Wisconsin Judge Dismisses Case Aiming to Out Transgender and Nonbinary Students Without Their Consent