
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 and religious freedom 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 affirmed the trial court. The Wisconsin Supreme Court has agreed to hear their further appeal seeking to proceed anonymously. The parents also are asking the Wisconsin Supreme Court to require the school district, pending resolution of the case, 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.
UPDATE: The trial court dismissed the case on November 23, 2022 on the ground that the sole remaining plaintiff did not have any evidence that she predicts, anticipates, or will actually suffer any individual harm from the school district’s guidance. That plaintiff filed an appeal of that dismissal on November 28, 2022.
Legal Documents
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01/23/2023
Opening Brief on Appeal
Date Filed: 01/23/2023
Court: Wisconsin Court of Appeals
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07/08/2022
Decision -
03/30/2022
Reply Brief of Petitioners -
03/25/2022
Amicus Brief of American Academy of Child and Adolescent Psychiatry -
03/25/2022
Amicus Brief of Madison Teachers -
03/25/2022
Amicus Brief of Professors of Psychology and Human Development -
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 ReviewDownload DocumentDate Filed: 08/13/2021
Court: Wisconsin Supreme Court
Doe v. Madison Metropolitan School DistrictLegal DocumentsResponse to Petition for ReviewDownload DocumentDate Filed: 08/27/2021
Court: Wisconsin Supreme Court
Doe v. Madison Metropolitan School DistrictLegal DocumentsRespondent AppendixDownload DocumentDate Filed: 08/27/2021
Court: Wisconsin Supreme Court
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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: 07/08/2022
Court: Wisconsin Supreme Court
Date Filed: 03/30/2022
Court: Wisconsin Supreme Court
Date Filed: 03/25/2022
Court: Wisconsin Supreme Court
Date Filed: 03/25/2022
Court: Wisconsin Supreme Court
Date Filed: 03/25/2022
Court: Wisconsin Supreme Court
Date Filed: 03/16/2022
Court: Wisconsin Supreme Court
Date Filed: 02/14/2022
Court: Wisconsin Supreme Court
Date Filed: 01/13/2022
Court: Wisconsin Supreme Court
Date Filed: 08/13/2021
Court: Wisconsin Supreme Court
Date Filed: 03/04/2021
Court: Wisconsin Supreme Court
Date Filed: 12/23/2020
Court: Wisconsin Supreme Court
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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 AppealDownload DocumentDate Filed: 10/13/2020
Court: Wisconsin Court of Appeals
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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-AppellantsDownload DocumentDate Filed: 10/23/2020
Court: Wisconsin Court of Appeals
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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 AppealDownload DocumentDate Filed: 07/06/2020
Court: Wisconsin Court of Appeals
Doe v. Madison Metropolitan School DistrictLegal DocumentsDefendant-Respondent's Opposition Brief to Petition for Permissive AppealDownload DocumentDate Filed: 07/06/2020
Court: Wisconsin Court of Appeals
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07/06/2020
Date Filed: 11/02/2020
Court: Wisconsin Court of Appeals
Date Filed: 10/13/2020
Court: Wisconsin Court of Appeals
Date Filed: 10/05/2020
Court: Wisconsin Court of Appeals
Date Filed: 08/31/2020
Court: Wisconsin Court of Appeals
Date Filed: 06/17/2020
Court: Wisconsin Court of Appeals
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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 LevineDownload DocumentDate Filed: 08/14/2020
Court: Wisconsin Circuit Court
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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 AppealDownload DocumentDate Filed: 08/06/2020
Court: Wisconsin Circuit Court
Doe v. Madison Metropolitan School DistrictLegal DocumentsPlaintiffs' Reply in Support of Motion for Injunction Pending AppealDownload DocumentDate Filed: 08/14/2020
Court: Wisconsin Circuit Court
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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 AppealDownload DocumentDate Filed: 06/24/2020
Court: Wisconsin Circuit Court
Doe v. Madison Metropolitan School DistrictLegal DocumentsPlaintiffs' Reply in Support of Motion to Stay Pending AppealDownload DocumentDate Filed: 06/24/2020
Court: Wisconsin Circuit Court
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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 DismissDownload DocumentDate Filed: 04/30/2020
Court: Wisconsin Circuit Court
Doe v. Madison Metropolitan School DistrictLegal DocumentsProposed Intervenors' Motion to Join Defendant's Motion to DismissDownload DocumentDate Filed: 05/04/2020
Court: Wisconsin Circuit Court
Doe v. Madison Metropolitan School DistrictLegal DocumentsDefendant's Reply Brief in Support of Motion to DismissDownload DocumentDate Filed: 05/15/2020
Court: Wisconsin Circuit Court
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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 InjunctionDownload DocumentDate Filed: 02/19/2020
Court: Wisconsin Circuit Court
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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 PseudonymsDownload DocumentDate Filed: 02/18/2020
Court: Wisconsin Circuit Court
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02/18/2020
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02/18/2020
Complaint and Summons
Date Filed: 01/20/2023
Court: Wisconsin Circuit Court
Date Filed: 11/23/2022
Court: Wisconsin Circuit Court
Date Filed: 09/28/2020
Court: Wisconsin Circuit Court
Date Filed: 08/06/2020
Court: Wisconsin Circuit Court
Date Filed: 06/25/2020
Court: Wisconsin Circuit Court
Date Filed: 06/12/2020
Court: Wisconsin Circuit Court
Date Filed: 06/01/2020
Court: Wisconsin Circuit Court
Date Filed: 05/04/2020
Court: Wisconsin Circuit Court
Date Filed: 03/11/2020
Court: Wisconsin Circuit Court
Date Filed: 02/19/2020
Court: Wisconsin Circuit Court
Date Filed: 02/19/2020
Court: Wisconsin Circuit Court
Date Filed: 02/18/2020
Court: Wisconsin Circuit Court
Date Filed: 02/18/2020
Court: Wisconsin Circuit Court
Press Releases
Wisconsin Judge Dismisses Case Aiming to Out Transgender and Nonbinary Students Without Their Consent