A mother in Maine who opposes transgender individuals, and who had sued her child's school district for not informing her about her child's social transition, had her case thrown out by a federal judge. The school district's policy favors telling parents about transgender kids, which made it difficult to prove that the district was at fault, according to the judge.
Last April, Amber Lavigne filed a lawsuit against the school, alleging that her parental rights were violated. She discovered a chest binder in her 13-year-old child's room, which her child said was obtained from a social worker at school. Lavigne claimed that the school did not inform her of her child's use of a chest binder or their use of a different name. pronouns at school.
After meeting with school staff who stated that their policy on transgender students aligns with state law, she sued the school for having a policy of withholding information from parents, which she argued was unconstitutional. However, the judge found no evidence of such a policy.
According to retired Chief U.S. District Judge Jon Levy, none of the claims made in the lawsuit suggested that the school had violated any laws.
In the ruling, Levy acknowledged that a parent like Lavigne might expect the school to keep her informed about her child's gender identity, but he found her complaint failed to provide facts that could establish the school's liability based on unwritten custom, ratification by a final policymaker, or failure to train.
The district's guidelines allow parents to be informed about their child's gender identity and discourage keeping secrets. Lavigne only mentioned a single instance of this being violated, which was not enough to make the school liable, according to Levy.
The school is represented by attorneys from the conservative Goldwater Institute. These attorneys have taken on similar cases across the country, all opposing schools helping transgender students with their transition.
It is common for young LGBTQ+ individuals to be hesitant to inform their parents out of fear of homophobic or transphobic reactions, and transgender youth are disproportionately represented among homeless and foster youth. This often leads them to seek support from their schools.
Equality Maine Executive Director Gia Drew commented that when young people have a trusted adult in their life, especially at school, it positively impacts their performance. She also questioned how to prepare young people for difficult conversations with family members so they do not feel isolated in the process.
Attorneys from the Goldwater Institute are considering the next steps for this case, although it is uncertain if this will involve an appeal. Attorneys from the Goldwater Institute have expressed disappointment with the court's decision but remain determined to defend the rights of parents and children against school officials' attempts to undermine fundamental constitutional principles..
The district attorney of the school stated, "We are happy that, after the School District's initial chance to answer the Plaintiff's lawsuit in court, the Court decided that there was no claim here."
Lavigne currently educates her children at home.
She became upset when she discovered a chest binder in her child's room. However, the judge did not believe that the school was responsible.
The school’s district attorney said in a statement, “We are pleased that, after the School District’s first opportunity to respond to the Plaintiff’s lawsuit in court, the Court determined that there was no claim here.”
Lavigne now homeschools her kids.
