In October 2023, the Muskego-Norway School Board in Wisconsin voted to remove “gender identity” from its non-discrimination policy, sparking intense debate within the community and broader discussions on LGBTQ+ rights in schools. This decision, which comes amid a wave of anti-transgender legislation across the U.S., has garnered criticism from advocacy groups, parents, and students concerned about the potential harm to transgender youth.
The board’s action is part of a growing movement within Wisconsin, where similar measures targeting transgender rights have been introduced and passed in the Republican-controlled legislature. The Muskego-Norway School Board’s decision removes explicit protections that ensured transgender and nonbinary students were not discriminated against based on their gender identity, a change that opponents say leaves these students vulnerable.
A Growing Trend in Wisconsin
This local policy shift mirrors state-level legislative efforts. Just days before the board’s vote, the Wisconsin State Assembly passed several anti-transgender bills. These included a ban on gender-affirming medical care for minors and restrictions on transgender participation in sports. Governor Tony Evers, a Democrat, has vowed to veto these bills, stating: “We continue to see harmful anti-LGBTQ rhetoric in Wisconsin—rhetoric that emboldens hate and violence and that we know only hurts our kids who are already facing significant mental health challenges.”
The Wisconsin Assembly’s actions are part of a broader national pattern of legislation aimed at restricting transgender rights, with over 500 bills introduced across the U.S. in 2023 alone.
Community Reaction
In Muskego, the board’s decision has not gone unchallenged. During the school board meeting, several parents and community members voiced their concerns about the removal of gender identity protections. Critics argued that the change sends a harmful message to transgender and nonbinary students, who already face significant challenges in school environments. Many expressed fears that the lack of explicit protections would lead to increased discrimination and bullying.
Laura Wright, a minister from La Crosse, testified at a recent Senate hearing about the impact of similar legislative measures on her family. Her stepdaughter, who identifies as nonbinary, left Wisconsin because of the state’s hostile environment toward transgender youth. “If you pass this bill, she will be even less likely to return,” Wright said.
The ACLU of Wisconsin also condemned the Muskego-Norway School Board’s decision. In a statement following the vote, Dr. Melinda Brennan, executive director of the ACLU of Wisconsin, said, “All young people deserve to feel supported, valued and cared for, but the assembly representatives who voted in favor of these bills today sent a message to trans youth that they are the exception.”
Legal and Ethical Concerns
Legal experts warn that the school board’s decision may not align with federal anti-discrimination laws, particularly Title IX, which prohibits sex-based discrimination in federally funded educational institutions. Under recent interpretations of Title IX by the U.S. Department of Education, gender identity is considered a protected category, meaning that schools receiving federal funding could be required to offer protections to transgender students, regardless of state or local policies.
The potential for legal challenges has not been lost on advocates, who argue that the board’s policy change may violate students’ rights under federal law. Moreover, they point out that transgender students are already at higher risk for mental health issues due to discrimination and bullying. A 2022 survey by The Trevor Project found that 86% of transgender and nonbinary youth reported negative mental health impacts due to anti-transgender laws and policies.
What’s Next?
As the Muskego-Norway School District moves forward with this policy change, parents and advocacy groups are exploring their options for challenging the decision. Legal action could be one avenue, particularly if the policy is found to violate federal protections under Title IX.
In the meantime, the broader debate over transgender rights in Wisconsin continues, with Governor Evers and Democratic lawmakers vowing to block any state-level bills that target the LGBTQ+ community. Despite this, Republican lawmakers, including Assembly Speaker Robin Vos, have pushed for these bills, arguing they reflect the values of their constituents. Vos stated, “Hopefully, Gov. Evers has a change of heart,” but admitted that a veto override would be challenging without Democratic support.
As both local and state battles over transgender rights intensify, the Muskego-Norway School Board’s decision is likely to have far-reaching implications not only for the students in its district but also for similar cases across Wisconsin. The coming months will determine whether the policy change will withstand legal scrutiny or face reversal due to public pressure and potential federal intervention.
This article was first published on Pulse of Pride.
Feature photo credit: Shutterstock/Coy St. Clair. The images used are for illustrative purposes only and may not represent the actual people or places mentioned in the article.
For transparency, this content was partly developed with AI assistance and carefully curated by an experienced editor to be informative and ensure accuracy.
