Article Summary –
Essential Facts and Arguments
The LGBTQ+ advocacy groups Fair Wisconsin and GSAFE have filed a federal complaint against the Kettle Moraine School District, alleging the district has created a hostile environment for transgender and nonbinary students by not acting against discrimination and by making harmful public statements. The complaint is supported by new Title IX regulations under the Biden administration that prohibit sex-based discrimination, including gender identity, though enforcement is currently blocked by multiple federal court injunctions. The complainants argue that it is a moral duty to protect the rights of trans and nonbinary students, emphasizing that a hostile environment for these students impacts all students.
Wisconsin LGBTQ+ Groups File Federal Complaint Against Kettle Moraine School District
Two Wisconsin LGBTQ+ advocacy groups have filed a federal complaint accusing a Waukesha County school district of violating federal nondiscrimination protections.
Fair Wisconsin and GSAFE accuse the Kettle Moraine School District’s school board of fostering a “hostile environment” for transgender and nonbinary students, violating federal Title IX regulations on sex discrimination.
The complaint, filed with the Department of Education’s Office for Civil Rights, supports trans and nonbinary students, teachers, staff, and families in the school district, located in Wales, west of Milwaukee, according to a press release.
Fair Wisconsin is an LGBTQ+ civil rights organization, while GSAFE focuses on LGBTQ+ education advocacy. The groups filed their complaint with GLSEN, a national LGBTQ+ advocacy organization for K-12 schools.
The complaint alleges that the hostile environment is due to public statements at board meetings and the absence of action to protect trans and nonbinary students from discrimination when reported in meetings.
New Title IX rules issued by President Joe Biden’s administration, effective Aug. 1, state that discrimination based on gender identity is included in the federal prohibition on sex-based discrimination in publicly funded education.
The Kettle Moraine School District told the Wisconsin Independent it can’t enforce the new rules due to an injunction from a lawsuit by Moms for Liberty, Young America’s Foundation, and Female Athletes United, blocking enforcement. Read more.
“We were informed Monday that a complaint was filed with the Office of Civil Rights. We have yet to hear from the OCR,” the district stated. “Kettle Moraine School District supports all students and does not tolerate bullying. The Final Rule of Title IX was not reviewed as the district is enjoined in Kansas v. US Dept of Education.”
The lawsuit from Moms for Liberty and aligned groups is one of several targeting the new Title IX rules and protections for transgender students. Federal judges issued six injunctions blocking the rules from taking effect as of August, according to Inside Higher Ed.
In the Moms for Liberty case, U.S. District Judge John Broomes directed the plaintiff groups to list specific schools their members attend to issue a sweeping injunction blocking the enforcement of Title IX rules, according to the Associated Press.
Moms for Liberty co-founder Tiffany Justice and Southeastern Legal Foundation executive director Kim Hermann urged more parents to join the group to expand the injunction to other schools.
“The complaint against Kettle Moraine School District is an administrative complaint sent to the US Department of Education, under a federal court preliminary injunction,” Justice and Hermann stated, condemning the Fair Wisconsin and GSAFE complaint. “The Title IX rewrite cannot be enforced in any school attended by a child of a Moms for Liberty member. That injunction is in effect now.”
The organizations argue it is a moral imperative to support and welcome students protected by the new Title IX regulations.
“Creating a hostile environment for trans and nonbinary kids creates a hostile environment for every kid. Our children are watching, and when elected school board members weaponize the identity of vulnerable children, we must act,” said Abigail Swetz, executive director of Fair Wisconsin. “We must show Wisconsin’s children – our trans and nonbinary kids and all their peers – that we are ready to protect their rights and ensure their safety.”
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