Arguing that its gender identity policy simply follows New York state guidance, the Skaneateles Central School District has filed a motion to dismiss a lawsuit by the parent of a former student.
The lawsuit, filed by conservative Christian legal group Alliance Defending Freedom on behalf of parent Jennifer Vitsaxaki in February, accuses the district of using a different name and pronouns for her child without Vitsaxaki's consent and unbeknownst to her. According to the complaint, district staff also directed the student to sources of LGBTQIA support and resources for making a medical transition.
The lawsuit was filed in U.S. District Court, Northern District of New York, and seeks damages for allegedly violating Vitsaxaki's religious beliefs and parental rights. It also seeks to recoup the costs of enrolling her child in a Syracuse private school after discovering the district's alleged attempt at a "social transition." Alliance Defending Freedom has filed similar lawsuits in several other states.
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In its motion to dismiss, filed March 27, the Skaneateles school district called the lawsuit a "test case that, while superficially purporting to champion civil rights, in reality seeks to eviscerate them."
The district said protecting the rights of transgender and gender-nonconforming students is "a bedrock聽principle of public policy in New York state." The district noted that using the chosen names and pronouns of those students, and maintaining the confidentiality of their gender status, is required by the Dignity for All Students Act and the New York State Human Rights Law, as well as federal law.
The district's motion went on to quote the New York State Education Department's guidance on transgender and gender-nonconforming students: "Only the student knows whether it is safe to share their identity with caregivers, and schools should be mindful that some (students) do not want or cannot have their parents/guardians know about their transgender status. The paramount consideration in those situations is protecting the health and safety of the student, assuring that the student鈥檚 gender identity is affirmed and that their privacy and confidentiality are safely maintained."
Vitsaxaki, then, is asking the court to disregard precedent and "recognize constitutional parental rights that supersede the rights of every transgender and gender nonconforming student in the District, and potentially the State," the district continued in its motion. "(She) has no constitutional entitlement to override the District's and State's policy of safeguarding (their) health and well-being."聽聽
The district therefore moves to dismiss the lawsuit based on a lack of standing and "failure to state a plausible claim that (the district's) 'official policy' caused (her) to incur a 'constitutional injury.'"
Alliance Defending Freedom, on April 5, asked that the court extend its deadline to respond to the motion until May 17.
The parent of a former Skaneateles student has sued the school district, claiming staff used a different name and pronouns for the student wit…