Parents Protecting Our Children, UA v. Eau Claire Area School District, Wisconsin

Federal 7th Circuit Court
Civil Court
Standing
Citation
Case Number: 
No. 23-1534
Decision Date: 
March 7, 2024
Federal District: 
W.D. Wisc.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing for lack of standing plaintiff-association’s lawsuit, alleging that defendant-school district’s policy that provided direction and resources to schools encountering students with questions about their gender identity violated their Due Process and Free Exercise Rights by interfering with its members' exclusive rights as parents to make decisions with and on behalf of their school children on issues of gender identity. Parents' concerns about possible applications of defendant’s policy that may or may not come to pass were insufficient to confer standing to bring instant lawsuit. Moreover, defendant conceded that instant action was filed as facial pre-enforcement challenge, and Ct. of Appeals found that plaintiff-association lacked standing, where no parent had experienced any actual injury or faced any imminent harm attributable to defendant’s policy.