DOE 1 v. MADISON METROPOLITAN SCHOOL

No. 2020AP1032.

976 N.W.2d 584 (2022)

2022 WI 65

John DOE 1, Jane Doe 1, Jane Doe 3 and Jane Doe 4, Plaintiffs-Appellants-Petitioners, John Doe 5 and Jane Doe 5, Plaintiffs-Appellants, John Doe 6, Jane Doe 6, John Doe 8 and Jane Doe 8, Plaintiffs, v. MADISON METROPOLITAN SCHOOL DISTRICT, Defendant-Respondent, Gender Equity Association of James Madison Memorial High School, Gender Sexuality Alliance of Madison West High School and Gender Sexuality Alliance of Robert M. LaFollette High School, Intervenors-Defendants-Respondents.

Supreme Court of Wisconsin.

Opinion Filed: July 8, 2022.


Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners, there were briefs filed by Richard M. Esenberg , Luke N. Berg , Anthony F. LoCoco , Roger G. Brooks and Wisconsin Institute for Law & Liberty, Milwaukee, and Alliance Defending Freedom, Scottsdale. There was an oral argument by Luke N. Berg .

For the defendant-respondent and interevenors-defendants-respondents, there was a brief filed by Emily M. Feinstein , Adam R. Prinsen , Sarah A. Zylstra , Sarah J. Horner, and Quarles & Brady LLP, Madison, and Boardman & Clark LLP, Madison. There was an oral argument for the defendant-respondent by Sarah A. Zylstra and an oral argument for the intervenors-defendants-respondents by Adam R. Prinsen .

An amicus curiae brief was filed by Frederick W. Claybrook, Jr. , Matthew M. Fernholz , and Claybrook LLC, Washington, D.C., and Cramer, Multhauf & Hammes, LLP, Waukesha for Wisconsin Family Action, Illinois Family Institute, Minnesota Family Council, Delaware Family Policy Council, Nebraska Family Alliance, Hawaii Family Forum, The Family Foundation, Minnesota-Wisconsin Baptist Convention, Ethics and Religious Liberty Commission of the Southern Baptist Convention, Concerned Women for America, Ethics & Public Policy Center, National Legal Foundation, and Pacific Justice Institute.

An amicus curiae brief was filed by Tamara B. Packard and Pines Bach LLP, Madison, for Madison Teachers Inc.

An amicus curiae brief was filed by Eric G. Pearson , Morgan J. Tilleman , Megan C. Isom , and Foley & Lardner LLP, Milwaukee for the American Academy of Child and Adolescent Psychiatry and the Wisconsin Council of Child and Adolescent Psychiatry.

An amicus curiae brief was filed by Victoria L. Davis Dávila , Robert Theine Pledl , Shannon Minter , Asaf Orr , and Davis & Pledl, Milwaukee, and National Center for Lesbian Rights, San Francisco, for Professors of Psychology & Human Development.

An amicus curiae brief was filed by Daniel R. Suhr and Liberty Justice Center, Chicago, for the Liberty Justice Center.

HAGEDORN, J., delivered the majority opinion of the Court, in which ANN WALSH BRADLEY, DALLET, and KAROFSKY, JJ., joined. ROGGENSACK, J., filed a dissenting opinion, in which ZIEGLER, C.J., and REBECCA GRASSL BRADLEY, J., joined.


¶1 This case involves a constitutional challenge by parents to a school district policy. The substantive issues, however, remain pending before the circuit court and are not properly before us. This is an appeal contesting the circuit court's decision to seal and protect the parents' identities from the public and the school...

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