Dane County Judge dismisses lawsuit challenging taxpayer supported Madison Schools gender identity policy; appeal planned
Remington’s Nov. 23 decision does not directly address the merits of the policy but spends a great number of its 33 pages discussing what is considered legal standing, as expressed in recent state and federal court decisions.
Ignoring Doe’s lack of standing, Remington wrote, would be ignoring his own “limited and modest role in constitutional governance” and telling people he knows what’s best for them.
Remington wrote that while he doesn’t doubt her “genuine motive and keen interest in this case,” she is someone who was brought into the case to “invoke a court ruling upon” the matter. Many parents could believe, he wrote, that they or their children will be harmed by the policy, but they’re not part of the case.
“That is not to say that Jane Doe’s claims are not important — they just are equally important to every other member of the public who also disapproves of their local school board,” Remington wrote. “That our Constitution does not allow this court to take a side may leave the parties unsatisfied.”
The Wisconsin Institute for Law and Liberty has appealed the dismissal of its 2020 lawsuit over Madison Metropolitan School District gender identity guidance.
On Nov. 23, Dane County Circuit Court Judge Frank Remington dismissed the lawsuit, citing a lack of standing for the sole remaining petitioner, Jane Doe 4. The anonymous complainant is one of 14 original parties on the lawsuit — the rest have left amid two years of appeals and arguments over the process for the lawsuit.
“(Jane Doe 4) does not predict or anticipate she will be harmed, but she nevertheless seeks a declaratory judgment that a transgender student policy of the Madison Metropolitan School District violates her constitutional right to parent,” Remington wrote. “Because she presents no evidence that she predicts, anticipates, or will actually suffer any individual harm, Jane Doe has no standing and her Complaint must be dismissed.”
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