YouTube2Text

WILL School Board Summit Session 4: Parental Rights & Student Gender Identity — Transcript

by Wisconsin Institute for Law & Liberty · 10,767 words · 1,526 segments · language en · Watch on YouTube

Full transcript

  1. 0:03well thank you all for coming back uh
  2. 0:04after lunch I know this is the hardest
  3. 0:06session of the day because uh you're all
  4. 0:07a little sleepy after eating um but we
  5. 0:10hope this will be a really good panel so
  6. 0:11the the subject of our panel is parental
  7. 0:14rights uh and there's a whole lot we
  8. 0:16could talk about but kind of the big
  9. 0:18issue that's happening uh nationally
  10. 0:20around the country relates to names
  11. 0:22pronouns and gender transitions at
  12. 0:25school so we're really going to focus
  13. 0:26exclusively on that topic and how it
  14. 0:29relates to parental and we're really
  15. 0:30going to dig deep into that and give you
  16. 0:32sort of a lot of the different aspects
  17. 0:34of that that you need to know and and
  18. 0:36hopefully will uh help you as as this
  19. 0:38issue comes up in your school district
  20. 0:39so I'm going to briefly uh introduce our
  21. 0:42panelists I'm not going to read their
  22. 0:43full bios because uh you have those in
  23. 0:45your packets and I think you want to
  24. 0:47hear what they say more than you want to
  25. 0:48hear their full bio so I'll just uh
  26. 0:50briefly uh Nikki Neely is the president
  27. 0:53and founder of parents defending
  28. 0:55education this is a uh National
  29. 0:57membership organization that gives
  30. 0:59parents resources uh it's litigated
  31. 1:01cases it does a lot in this space uh and
  32. 1:04she's also done a lot of fabulous other
  33. 1:06things that you can read about in the
  34. 1:07bio uh but she's a a very zealous
  35. 1:09advocate for parental rights nationally
  36. 1:12uh Dr Erica Anderson is a clinical
  37. 1:14psychologist uh used to practice in
  38. 1:16Berkeley but recently moved back to the
  39. 1:18Midwest in
  40. 1:19Minnesota uh she was uh on the board of
  41. 1:23wath uh and the president of US path for
  42. 1:26a number of years and is actually one of
  43. 1:28the world's leading experts experts I
  44. 1:30think on gender dysphoria so we are
  45. 1:32really privileged to have her here with
  46. 1:33us and to have her expertise uh and
  47. 1:36finally Tammy forer uh is our client in
  48. 1:39a case that we won uh thankfully it was
  49. 1:41a groundbreaking case for parental
  50. 1:43rights and uh given what happened to her
  51. 1:45in the case she's become a a very Fierce
  52. 1:48advocate for parental rights so you're
  53. 1:49going to hear a little bit uh about her
  54. 1:51story so I'm really excited for this
  55. 1:52panel uh let's give them a welcome and a
  56. 1:55thanks for all them being here
  57. 2:00so so Nikki why don't you uh just start
  58. 2:02us off sort of set the stage for us what
  59. 2:05is what is the issue uh related to names
  60. 2:08pronouns and gender Transitions and how
  61. 2:09does it how does it relate to parental
  62. 2:11rights sure um so um first I'm sure this
  63. 2:14is something that most of you are
  64. 2:15Loosely familiar with um under the guise
  65. 2:18of inclusivity districts are have been
  66. 2:20adopting policies governing the use of
  67. 2:22preferred names and pronouns most most
  68. 2:23frequently through bullying and
  69. 2:25harassment codes um and this is often
  70. 2:27then at the back end tied to student
  71. 2:29codes of conduct which means that
  72. 2:31violations of these codes then can be
  73. 2:33subject to punishment up to an including
  74. 2:35expulsion um the justification for this
  75. 2:38is we see districts across the country
  76. 2:39citing Title 9 UM and the Biden
  77. 2:42administration's forthcoming rule we'll
  78. 2:44get more into Title 9 in a little bit
  79. 2:45but you know a lot of districts are
  80. 2:47being told by their legal council or by
  81. 2:49the state that they must adopt these
  82. 2:50because of title n um or in certain
  83. 2:53instances State human rights law like in
  84. 2:55Iowa recently um a district that we had
  85. 2:57sued linmar Community Schools cited Iowa
  86. 2:59State human human rights law um the
  87. 3:01counter for this is as the panel talking
  88. 3:03about racial discrimination talked uh
  89. 3:05discussed earlier compelled speech um
  90. 3:07you are forcing someone to say things
  91. 3:09that they may not believe in um is a
  92. 3:11taxpayer funded Public School System
  93. 3:13entitled to real estate in a student or
  94. 3:15teacher's mouth in their head um and
  95. 3:18then kind of the slightly further a
  96. 3:20field is the the the the social
  97. 3:22transition aspect of this um so as of um
  98. 3:25today um my organization parents
  99. 3:27defending education has identified 1,6
  100. 3:29school districts across the country that
  101. 3:31maintains what we call parental
  102. 3:33exclusion policies um this impacts 18,6
  103. 3:3642 schools and over 10.8 million
  104. 3:39children um these policies have been
  105. 3:41adopted most frequently by school boards
  106. 3:43they have been voted through by duly
  107. 3:45elected Schoolboard um that says that
  108. 3:47parents do not have a right to know
  109. 3:48their child's gender identity um this is
  110. 3:51again done under the guise of safety um
  111. 3:54schools will often maintain two separate
  112. 3:56sets of Records um with a child's new
  113. 3:58name a child's new pronoun how the child
  114. 4:00presents at school um we also see this
  115. 4:02manifesting in the classroom because
  116. 4:03teachers then will ask teach uh students
  117. 4:05at the beginning of the school year um
  118. 4:07what name what pronoun can I should I
  119. 4:08use in class what should I use when I
  120. 4:11call home to speak to your family um
  121. 4:13some states like in California have
  122. 4:15mandated that these policies exist and
  123. 4:17so every District in the state must have
  124. 4:19these on the books um well in other
  125. 4:21places um and this is this is again not
  126. 4:24just like a blue State Red State thing I
  127. 4:25mean we have seen in Idaho in Texas in
  128. 4:27Utah their state school boards
  129. 4:29associations pushing this as model
  130. 4:32policies to them we've also seen
  131. 4:33activist groups like glissen creating
  132. 4:35and pushing model School World policies
  133. 4:36and lobbying at the local and the state
  134. 4:38level for these um in February 2022 some
  135. 4:41of you might remember the oakair school
  136. 4:43district Did a teacher training program
  137. 4:44where they had a whole set of documents
  138. 4:46that we obtained um that said that
  139. 4:48parents are not entitled to know their
  140. 4:50child's gender identity that information
  141. 4:52must be earned as a mother of a
  142. 4:54nine-year-old 10-year-old I take issue
  143. 4:55with that that was not cool um and but
  144. 4:59they said that their priority is
  145. 5:00supporting the student um it is to take
  146. 5:02a step back you know as we're talking
  147. 5:03about safety worth remembering that
  148. 5:06educators are mandatory reporters if
  149. 5:08someone in your school system believes
  150. 5:10that a child is not in a safe
  151. 5:12environment at home they must report
  152. 5:14that to Child Protective Services we all
  153. 5:16know what CPS is right I mean it's like
  154. 5:19that's it's a hassle no family wants to
  155. 5:20go through that but through that process
  156. 5:22you are entitled to a measure of due
  157. 5:24process you were allowed to present your
  158. 5:25case you were allowed to see what's
  159. 5:26against you you have meetings you have
  160. 5:28interviews this is very different than a
  161. 5:30math teacher saying you know what I
  162. 5:32think Luke's Catholic I think he's not
  163. 5:34going to be supportive of his kid I'm
  164. 5:35going to withhold this information those
  165. 5:37are two very very different things um
  166. 5:40and so you know to for schools to be
  167. 5:42doing this unilaterally is something
  168. 5:43that's really really frightening um as I
  169. 5:45mentioned this this raises a lot of
  170. 5:47significant parental rights concerns um
  171. 5:49we sued linmar Community Schools in Iowa
  172. 5:51in 2022 over their policy the policy
  173. 5:54that they had in the book said that
  174. 5:55beginning in seventh grade on um it is
  175. 5:57it it was a child's decision whether
  176. 5:59their parents could have access to that
  177. 6:01information and they went to Great
  178. 6:03Lengths they put this information into a
  179. 6:05temporary file so that even if a parent
  180. 6:07were to pull their kid out of a district
  181. 6:08and transferred to another school to a
  182. 6:10private school a parent would never have
  183. 6:12access to that temporary file because
  184. 6:13under furpa the federal education rights
  185. 6:15and privacy act you have access to your
  186. 6:17child's permanent record but not a
  187. 6:19temporary record and so they were very
  188. 6:20much trying to be too cute by half and
  189. 6:22really like hide this information from
  190. 6:24families um what I want to tell all of
  191. 6:27you today is there is a lot of very very
  192. 6:28clear lead precedent that protects a
  193. 6:31parent's right to direct the care and
  194. 6:33upbringing of your children um troil V
  195. 6:35Granville says that um the interest of
  196. 6:37parents and the care custody control of
  197. 6:39their children is perhaps the oldest of
  198. 6:41the fundamental Liberty interests
  199. 6:42recognized by the Supreme Court Pierce
  200. 6:44Fe Society of sisters the child is not
  201. 6:46the mere creature of the state those who
  202. 6:48nurture him and direct his Destiny have
  203. 6:50the right coupled with the high duty to
  204. 6:52recognize and prepare him for additional
  205. 6:53obligations and the liberty of parents
  206. 6:55and Guardians includes the right to
  207. 6:57direct the upbringing and education of
  208. 6:58children under their control
  209. 7:00and also Myer V Nebraska the Liberty
  210. 7:02protected by the 14th Amendment includes
  211. 7:03the right of parents to establish a home
  212. 7:05and bring up children and to control the
  213. 7:07education of their own I mean like to
  214. 7:09like like I feel like my job is kind of
  215. 7:11translating lawyer into English um and I
  216. 7:14mean let's take a step back you know we
  217. 7:16as parents like I have to sign a
  218. 7:17permission slip for my child to have bug
  219. 7:19spray sunscreen to go on field trips you
  220. 7:21know this is something that we as
  221. 7:22parents are used to signing off on
  222. 7:23everything um yet now we have districts
  223. 7:26that are really taking um you know
  224. 7:28they're intervene these these social
  225. 7:29interventions these medical
  226. 7:31interventions in some cases I mean
  227. 7:32school-based Health Centers referring
  228. 7:34kids to clinics and therapists without
  229. 7:35parental parental knowledge these are
  230. 7:38really major interventions that schools
  231. 7:39are doing without families knowing and
  232. 7:41so you know taking a step back what does
  233. 7:44this mean for school systems you know
  234. 7:45you're all in positions of governance
  235. 7:47trust I mean we have seen over the past
  236. 7:49four or five years consumers families
  237. 7:52trust in the public school system has
  238. 7:54crumbled and if we ever want to get back
  239. 7:56to a place where there is a constructive
  240. 7:58relationship this lying this hiding
  241. 8:01Secrets has to end and so that to me is
  242. 8:03I think that's kind of an overview of
  243. 8:05like what's going on and why this
  244. 8:06matters so much yeah thanks Nikki that's
  245. 8:08a really great great overview of the
  246. 8:09issue uh Tammy let's let's kick it over
  247. 8:11to you so you uh had an experience with
  248. 8:14one of these policies can you just sort
  249. 8:16of tell us what happened to you and your
  250. 8:18daughter okay so in late 2020 uh my
  251. 8:21daughter was experiencing some pretty
  252. 8:23severe depression and anxiety she had
  253. 8:25come to me at the beginning of her sixth
  254. 8:27grade year and asked if we if uh if I
  255. 8:29could find somebody for her to speak
  256. 8:31with um I had some difficulty finding
  257. 8:33somebody it was during covid the places
  258. 8:35that I reached out to they weren't
  259. 8:36accepting clients there was too big of a
  260. 8:38need and not enough
  261. 8:40providers um she was in the cutle Marine
  262. 8:42School District I reached out to the
  263. 8:44counselor at that district and I
  264. 8:46explained to them what was going on that
  265. 8:47my daughter was having some struggles I
  266. 8:49asked if there was a co-op program or
  267. 8:51anybody that they could refer me to um
  268. 8:54they said they would go ahead and start
  269. 8:55to work on that and they did they did go
  270. 8:57ahead and work on that there was a bit
  271. 8:59of a delay delay uh just because of the
  272. 9:01need uh during that delay my daughter
  273. 9:03did start to spiral uh mentally further
  274. 9:06into um depression and anxiety turned
  275. 9:09into thoughts of self harm and suicide
  276. 9:12and believing that she maybe was not a
  277. 9:14girl uh she had confided in a friend at
  278. 9:17school telling the friend that she felt
  279. 9:19maybe she wasn't a girl that friend then
  280. 9:22went to uh teachers
  281. 9:24Aid at school and informed the teachers
  282. 9:27Aid how my daughter was feeling and
  283. 9:29staff member came up to her after school
  284. 9:31and said you know I heard that you
  285. 9:33weren't really feeling comfortable uh
  286. 9:35you didn't feel like you were a girl you
  287. 9:37could go to the office and fill out some
  288. 9:38paperwork and you could change your name
  289. 9:40and gender at school we could just go
  290. 9:42there and take care of it today um my
  291. 9:44daughter said you know I really can't do
  292. 9:46that my mother would not be okay with
  293. 9:49that um at that point the staff member
  294. 9:51said well then I encourage you to go
  295. 9:52home and talk to your mom about it she
  296. 9:54did come home to me that day and express
  297. 9:56to me how um poor she was feeling and
  298. 9:59she requested to go to inpatient care um
  299. 10:02I immediately said I would absolutely do
  300. 10:05that for you I reached out to a local
  301. 10:07facility um I was very transparent with
  302. 10:09them as well letting them know what was
  303. 10:10going on with my daughter how she was
  304. 10:12feeling um they said they would accept
  305. 10:14her I then reached out to the school
  306. 10:17district and signed all the release
  307. 10:19forms so that cudle Marine school
  308. 10:21district and I we could all work
  309. 10:23together for when my daughter returned
  310. 10:24to school we were all on the same page
  311. 10:26on how to best assist her um the moment
  312. 10:28I walked into to the facility they
  313. 10:30affirmed my daughter they never referred
  314. 10:32to my daughter as her birth name or her
  315. 10:33birth gender she was affirmed
  316. 10:35immediately um she was in the program
  317. 10:38for about 8 Days upon release she did
  318. 10:40reach out to that school district and
  319. 10:42asked them when she returned to school
  320. 10:44if she could use her preferred name and
  321. 10:46pronouns the counselor reached out to me
  322. 10:49I said you know at this point I this is
  323. 10:51new to me I really don't know how to
  324. 10:53navigate this at this point I will say
  325. 10:55yes I will go ahead and say yes I don't
  326. 10:56want my daughter to feel unsupportive uh
  327. 10:58she's is going to be out of school for
  328. 11:00the next 3 weeks for outpatient care and
  329. 11:02I will take my time and research this
  330. 11:04topic and I will touch base with you
  331. 11:06before she returns to school to let you
  332. 11:08know our final
  333. 11:09decision um in that time I did my
  334. 11:12research I will be completely Frank with
  335. 11:14you I was devastated at the things that
  336. 11:17were happening across the country to
  337. 11:18young children making decisions that
  338. 11:21they are not capable making um
  339. 11:25the deceit that was going on between the
  340. 11:28parents and the school dist District the
  341. 11:29secrets that we're keeping um so my
  342. 11:32husband and I made the decision that we
  343. 11:33were not going to affirm our daughter
  344. 11:35there's a long-standing practice of Wai
  345. 11:37and C that was clearly established along
  346. 11:39before the affirmative care model and
  347. 11:41that was what we wanted to practice I
  348. 11:43reached out to the school district and
  349. 11:45made them aware of that the principal
  350. 11:47informed me that there were some staff
  351. 11:48members that wanted to support my
  352. 11:49daughter and I said well I appreciate
  353. 11:51that they would like to support my
  354. 11:53daughter my expectation is that they
  355. 11:54follow my lead I'm going to make the
  356. 11:56medical decisions for my child and she
  357. 11:59will will go back to school with her
  358. 12:00birth name and her birth gender until
  359. 12:02there is a actual professional that can
  360. 12:04assess what's really going on with her
  361. 12:06I'm not making any rash
  362. 12:08decisions at that point they asked if
  363. 12:10they could call me back and the
  364. 12:11principal went back to Administration
  365. 12:13the next day I received a call and they
  366. 12:15informed me that um schools are an
  367. 12:18advocate of the child and not of the
  368. 12:20parent and should my daughter return
  369. 12:22back to the clearine school district she
  370. 12:24would do so using whatever name and
  371. 12:26pronouns she preferred because they had
  372. 12:29a policy that allowed nicknames I very
  373. 12:32frankly told the principal on that call
  374. 12:34that you do not get to decide the
  375. 12:36perception of what's going on in my
  376. 12:37daughter's mind we are both well aware
  377. 12:39that she is not making up a nickname I
  378. 12:42am not going to let her return to school
  379. 12:44using her preferred name and gender I do
  380. 12:46not think that's the best thing for her
  381. 12:48medically um we had to agree to disagree
  382. 12:51I immediately pulled my daughter out of
  383. 12:53the school district um and I did go
  384. 12:56ahead and seek legal action I tried to
  385. 12:58find somebody that would assist me cuz
  386. 13:00there was no way that I was going to let
  387. 13:01any other parent in this District or
  388. 13:03child deal with what I did within that
  389. 13:06District um I was lucky and fortunate
  390. 13:09enough to find will um I spoke to Luke
  391. 13:12Luke agreed to take the case and then
  392. 13:13October of 2023 we did win that case
  393. 13:16that it was in in our favor that the
  394. 13:19school district did violate my parental
  395. 13:21rights by choosing to socially
  396. 13:23transition my daughter against my wishes
  397. 13:26um and the kettle Marine School District
  398. 13:28that I know of is the only one in the
  399. 13:29state that now is legally required to
  400. 13:32defer the decisions to the parents and
  401. 13:34they cannot make those decisions against
  402. 13:36the parents
  403. 13:45wishes thanks Tammy for sharing that
  404. 13:47story so tell us just a little bit about
  405. 13:49where your daughter is doing now and and
  406. 13:51sort of what happened after you pulled
  407. 13:52her out of out of out of school was she
  408. 13:54angry at you sort of what what happened
  409. 13:56after you pulled her U well after I
  410. 13:59pulled my daughter off out of school she
  411. 14:01she hated me I will be frank she was
  412. 14:03told by the medical professionals at the
  413. 14:07care facility that I was going to be her
  414. 14:08biggest adversary and I would never
  415. 14:10accept her for who she was um the school
  416. 14:14district they did not encourage my
  417. 14:16daughter only one staff member
  418. 14:18encouraged my daughter in this I will
  419. 14:19state that clearly because I do not want
  420. 14:21to um throw any shade on the kettle
  421. 14:24Marine School District every staff
  422. 14:26member that I dealt with was very polite
  423. 14:28and professional with me I could tell
  424. 14:29that they were not comfortable making
  425. 14:31the decision that they had to make um
  426. 14:33but she is doing absolutely fine she has
  427. 14:36desisted about 3 weeks after removing
  428. 14:39from I did remove her from social media
  429. 14:42I took out outside influences I really
  430. 14:45really just tightened her Circle when
  431. 14:48she was going through her struggles
  432. 14:50about 3 weeks later she came to me and
  433. 14:52did share with me that affirmative care
  434. 14:54really messed her up because all the
  435. 14:56professionals that were assisting her
  436. 14:58were telling her that me trying to slow
  437. 15:02the process down and just for her to
  438. 15:03take a deep breath before making any
  439. 15:05serious decisions I was her enemy um but
  440. 15:09she is happy and healthy now she has
  441. 15:12desisted she's completely comfortable
  442. 15:13with her body she is very happy that I
  443. 15:17decided to just take a pause and like
  444. 15:19let's not rush into anything um and she
  445. 15:22does occasionally speak to me or speak
  446. 15:25with me on these issues in public forums
  447. 15:28for people you know to be aware that you
  448. 15:31don't need to affirm your child
  449. 15:33immediately right away it's okay to have
  450. 15:34your child take a moment and just think
  451. 15:37about the decisions that they're making
  452. 15:39uh children are not taught every day for
  453. 15:42whatever reason in our society that you
  454. 15:43know growing up is hard you're going to
  455. 15:45feel uncomfortable in your body you're
  456. 15:46going to hate yourself some days that's
  457. 15:48never going to go away even in adulthood
  458. 15:50and you just need to learn how to
  459. 15:52process those feelings and work through
  460. 15:53it you can't run away from those bad
  461. 15:55feelings um but she's doing phenomenally
  462. 15:59Where do you um where do you think she
  463. 16:01would be if you hadn't slowed the
  464. 16:02process
  465. 16:03down I honestly do not think my daughter
  466. 16:06would be with me today if I hadn't
  467. 16:07slowed the process down she had made a
  468. 16:11promise to herself that if transitioning
  469. 16:14did not help with her mental health that
  470. 16:16she was going to end her
  471. 16:19life thanks for sharing
  472. 16:22that um Dr Anderson you're a practicing
  473. 16:26mental health professional who's worked
  474. 16:27in this area for a super long time so so
  475. 16:29can you just give us your take on this
  476. 16:30issue and these
  477. 16:32policies sure first of all thank you
  478. 16:36thank you for sharing your story it was
  479. 16:38a pleasure to behind the scenes work
  480. 16:40with you yeah um uh so I want to say a
  481. 16:45couple preliminary things if I could
  482. 16:46just to lead into that so I'm a
  483. 16:48psychologist for 46 years um clinical
  484. 16:52psychologist and I've worked with many
  485. 16:54many kids and families over a long
  486. 16:56career done a lot of different things
  487. 16:58I'm also a
  488. 17:00parent and
  489. 17:03um so I come at this from that
  490. 17:06perspective and although I wouldn't
  491. 17:09necessarily likely agree with all of you
  492. 17:12in the room about every subject matter I
  493. 17:14do agree with you that parents are in
  494. 17:17the best position to judge what's
  495. 17:18necessary for their children and and our
  496. 17:22lawyers in the room can argue I think
  497. 17:24effectively that it's their legal right
  498. 17:27to assert um with schools so it's been a
  499. 17:31it's been a privilege for me to come to
  500. 17:32this Luke was actually the first
  501. 17:34attorney who approached me about this
  502. 17:36subject matter although I've
  503. 17:38subsequently gotten involved in other uh
  504. 17:41issues and other matters um and I've
  505. 17:44been hearing I had been hearing from
  506. 17:45parents for some time at that point uh
  507. 17:48in my work that they were concerned
  508. 17:50about the ideological capture um not
  509. 17:53only of some teachers but also some
  510. 17:56clinicians and I had been speaking out
  511. 17:59about my concerns about this really as
  512. 18:01long ago as 6 years ago in the
  513. 18:03Washington Post and a big splash
  514. 18:06Atlantic article where I characterized
  515. 18:09myself as the naysayer at my University
  516. 18:11Affiliated gender Clinic someone who was
  517. 18:13calling into question the prevailing
  518. 18:15logic that you know kids know who they
  519. 18:17are and you should just let them be who
  520. 18:19they are um that wasn't my experience as
  521. 18:22a psychologist uh it was my experience
  522. 18:25that there were many kids who were
  523. 18:27questioning their gender and even
  524. 18:29troubled by it and what they needed was
  525. 18:31our help to figure it out so that's what
  526. 18:33I've been doing all these years um in
  527. 18:36truth Luke had already cobbled together
  528. 18:39um the basis of my subsequent affidavit
  529. 18:43thank you Luke for that and uh when we
  530. 18:47spoke uh I realized I did have a lot to
  531. 18:49say about this matter and was happy to
  532. 18:51sign on as as an expert witness um and
  533. 18:55as everyone in the room
  534. 18:57knows we
  535. 18:59one if you read the judge's
  536. 19:03ruling three or four pages of his ruling
  537. 19:06are quoting me so maybe I was persuasive
  538. 19:10and I would say to you all of you who
  539. 19:12are devoted to parent rights it's not
  540. 19:15just the legal matters but it's the it's
  541. 19:18the psychological factors that are also
  542. 19:20at play here and really really important
  543. 19:24and I believe that the judges will be
  544. 19:27swayed by the legal argument combined
  545. 19:30with the scientific evidence about what
  546. 19:32we know about such kids and what to how
  547. 19:35to effectively help them uh concurrent
  548. 19:38with the matter as it was preceding here
  549. 19:40in Wisconsin I was signed on as an
  550. 19:42expert witness on a uh a legal matter in
  551. 19:46um School District in
  552. 19:49California uh which we also won again
  553. 19:53the judge citing uh citing for three or
  554. 19:56four pages my expert witness affidavit
  555. 19:59as a justification for why it makes no
  556. 20:02sense in fact it's harmful to have these
  557. 20:05secrecy policies in school districts and
  558. 20:08to keep important information about the
  559. 20:10health and well-being of
  560. 20:12children from their own
  561. 20:14parents the very premise upon which
  562. 20:17which such policies are built namely
  563. 20:20that such policies are good for kids is
  564. 20:23demonstrably false no professional
  565. 20:27Society no professional Society of which
  566. 20:30I am aware has endorsed parent secrecy
  567. 20:34policies activists have ideologically
  568. 20:38driven people have with the expectation
  569. 20:41that they're going to save a couple of
  570. 20:43kids from Abus of parents and as Nicole
  571. 20:46points out everywhere in the United
  572. 20:48States we have uh mandatory reporting
  573. 20:52laws so that educators are
  574. 20:55required to involve authorities when
  575. 20:57there is any susp ipon as an educator
  576. 21:00you don't have to prove as a
  577. 21:01psychologist I don't have to prove abuse
  578. 21:04I just have to be worried about it
  579. 21:05seriously worried about it and then the
  580. 21:07authorities get involved in do an
  581. 21:09investigation which is horrible maybe
  582. 21:12but also it reveals our bias as a
  583. 21:15society the safeguarding of
  584. 21:21children in the United Kingdom last week
  585. 21:25a major report was released which is
  586. 21:27having International repercussions
  587. 21:29so-called cast Commission report and if
  588. 21:31you know anything about it you should
  589. 21:33read it there is a whole section on
  590. 21:35social transition in there the cast
  591. 21:37commission conducted about 11 systematic
  592. 21:41evidence reviews they they reviewed
  593. 21:44policies in 15 other countries they
  594. 21:46reviewed all clinical guidelines having
  595. 21:48to do with transgender care and they
  596. 21:50came to the conclusion that social
  597. 21:52transition of children is not justified
  598. 21:55by evidence scientific evidence and that
  599. 21:58it should be done only very cautiously
  600. 22:01and only only only with parents never
  601. 22:06without parents so I'm very gratified to
  602. 22:10see that full report which is a major
  603. 22:13major thing uh I had a lot of
  604. 22:16interaction with Hillary Cass Dr Cass in
  605. 22:19the last couple of years and found that
  606. 22:21our viewpoints aligned quite quite well
  607. 22:24so you know I'm going to I'm going to do
  608. 22:27an uncharacteristic Midwest W thing and
  609. 22:29I'm going to
  610. 22:30brag I feel Vindicated because I've been
  611. 22:34saying this for
  612. 22:35years I've been writing it for years and
  613. 22:39I've taken a lot of grief for it I've
  614. 22:42been vilified by some professional
  615. 22:44organizations certainly by a lot of
  616. 22:46ideologically captured captured
  617. 22:48activists so I'm happy to um put up my
  618. 22:51credentials against theirs and uh if you
  619. 22:55do so I think you'll agree I'm qualified
  620. 22:58to have the opinions that I do and I
  621. 23:01argue them using the best uh evidence
  622. 23:04available it's my pleasure to be here to
  623. 23:07help you um Safeguard
  624. 23:19children Dr Anderson quick followup for
  625. 23:22you something that um parents are often
  626. 23:25told and I think even Tammy was told
  627. 23:26maybe by the the medical professional
  628. 23:28is this sort of threat of suicide uh
  629. 23:31it's worded in terms of would you rather
  630. 23:34have a a live son or a dead daughter uh
  631. 23:37do you have a reaction to that or can
  632. 23:39you respond to that I've always taken
  633. 23:40strenuous exception to that I think it's
  634. 23:42it's at best misguided paring of a
  635. 23:46mantra and it's not supported by the
  636. 23:48evidence one of the 11 systematic
  637. 23:50evidence reviews that cast commission
  638. 23:52did was this very subject of self harm
  639. 23:54and suicide there was a important study
  640. 23:57coming out of Finland I know the Doctor
  641. 23:59Who did it she's in charge of gender
  642. 24:01medicine for the country of Finland
  643. 24:03that's a very Progressive Country and
  644. 24:05this study demonstrated because they
  645. 24:07studied they studied all the kids who
  646. 24:10had gone through the gender clinics over
  647. 24:1315 years in Finland they have the
  648. 24:16ability to do that because they have a
  649. 24:17National Health Plan and a national
  650. 24:19system of collecting data the the raid
  651. 24:22of suicide of the kids who went through
  652. 24:24gender
  653. 24:26clinics did not go down
  654. 24:29regrettably it resembled the rate of
  655. 24:32suicide of other uh adolescents who had
  656. 24:35serious psychological issues so we have
  657. 24:39a clear indication and there's some
  658. 24:41other research that supports that uh
  659. 24:43conclusion we have a clear indication
  660. 24:45that this is a misstatement or maybe
  661. 24:49blackmail to try to persuade parents to
  662. 24:52do what the person who's using that lie
  663. 24:54to wants them to do and I I think there
  664. 24:58are going to be there are already some
  665. 25:01lawsuits but there going to be more
  666. 25:02lawsuits uh aimed at people who uh
  667. 25:05repeat such lies there are number of
  668. 25:07mantras and lies like that but that's
  669. 25:09the most inflammatory
  670. 25:11one yeah you mentioned litigation Nikki
  671. 25:14um there's been some lawsuits over the
  672. 25:16policy we these policies we've talked
  673. 25:18about a few of them can you just kind of
  674. 25:19give us an overview of the of the state
  675. 25:21of the litigation over these policies
  676. 25:23yeah it's interesting because it's
  677. 25:24pretty mixed quite honestly even though
  678. 25:27as I said I I believe and my my lawyers
  679. 25:28believe that there is a very clear legal
  680. 25:30right parental right um liberty interest
  681. 25:32in this um there are kind of four
  682. 25:34buckets of litigation that are going
  683. 25:35right now the first is parent versus
  684. 25:37District on notifications so these have
  685. 25:39been largely families where their child
  686. 25:41has been transitioned behind their back
  687. 25:43the parent has found out Su the district
  688. 25:45um there's one in Florida um January
  689. 25:47Little John who some of you might know
  690. 25:48um she sued her District in Leon County
  691. 25:50um that was dismissed in the district
  692. 25:51court and it's currently pending appeal
  693. 25:53in the 11th circuit um there's also one
  694. 25:55in Massachusetts um foot V lllo um dmas
  695. 25:59ruled actually in favor of the school
  696. 26:00and found that the district's policy of
  697. 26:02Parental exclusion was flawed and
  698. 26:04disconcerting and that students and
  699. 26:06parents would almost certainly be better
  700. 26:07served by a different approach but that
  701. 26:09its actions didn't violate the
  702. 26:10constitution this has been appealed to
  703. 26:12the first circuit um those of you who
  704. 26:13know anything about the federal C the
  705. 26:15federal courts um obviously the courts
  706. 26:17in Massachusetts are a little bit more
  707. 26:19liberal than they are in Florida and so
  708. 26:20I think we're likely probably honestly
  709. 26:22to see very different decisions in that
  710. 26:24and um when that happens it's what's
  711. 26:26called a circuit split this is something
  712. 26:27that prank will end up having to be
  713. 26:29resolved by the Supreme Court but I
  714. 26:30don't think anytime soon and so we're
  715. 26:32just kind of watching all these sort of
  716. 26:33burble up um there's also one recently
  717. 26:35that was um in in uh Maryland John and
  718. 26:38Jane parent versus Montgomery County
  719. 26:40Board of Education This was um dismissed
  720. 26:43um but on standing grounds they said the
  721. 26:45parents didn't have the right to
  722. 26:46challenge the policy because their kids
  723. 26:47weren't affected and so that was kind of
  724. 26:49more of like a procedural thing um
  725. 26:51another kind of bucket is Teachers suing
  726. 26:53districts that are forcing them to hide
  727. 26:55these secrets this is this came up most
  728. 26:57recently in California um California
  729. 26:59being a state where all districts must
  730. 27:01hide the parent the gender identity um
  731. 27:03so two teachers represented by the
  732. 27:04Thomas Moore Law Society um sued their
  733. 27:06District in the state of California
  734. 27:07saying we don't really want to keep
  735. 27:09secrets from the families um those
  736. 27:11parents actually or the those teachers
  737. 27:13actually won they got a prelimary
  738. 27:14injunction um I think the state is
  739. 27:16planning on like they're going to appeal
  740. 27:17that so that's still kind of working its
  741. 27:18way through the system um there have
  742. 27:21also been a couple instances where
  743. 27:23districts have put in place parental
  744. 27:25notification policies some in California
  745. 27:27some in New Jersey again kind of like
  746. 27:29thumbing their their nose at state law
  747. 27:32um in California Chino Valley um put one
  748. 27:34of those policies in place and then they
  749. 27:35were sued by the Attorney General same
  750. 27:37thing happened in um Maryland no in in
  751. 27:39uh New Jersey where four districts put
  752. 27:41in place parental notification policy
  753. 27:43saying no it is our policy as districts
  754. 27:45that we will tell parents if a child is
  755. 27:47going to do this um and that AG also has
  756. 27:49gone after them and so those are kind of
  757. 27:50working their way through the courts um
  758. 27:52and then sort of the backdrop for all of
  759. 27:54this is something where um that is um
  760. 27:56this happened in Virginia
  761. 27:58but it happened it started in 2017 2018
  762. 28:01Gavin Graham versus gluster um and this
  763. 28:04is something where a a student felt that
  764. 28:06um a student was not able to use the
  765. 28:08bathrooms the locker room of um the
  766. 28:11students's preferred gender identity um
  767. 28:13was denied that accommodation and it
  768. 28:15kind of bounced up and down over the
  769. 28:16courts for like years and years the kid
  770. 28:18graduated um but um eventually the um
  771. 28:22fourth circuit decided that um Title 9
  772. 28:25and 14th am mon violations took place
  773. 28:26because the student faced emotional harm
  774. 28:29from using the restroom assigned to the
  775. 28:31students's biological sex and the
  776. 28:32Supreme Court declined to take that up
  777. 28:34that was in 2020 and so that's kind of
  778. 28:36the backdrop against which all of you
  779. 28:38are operating which is to say if we were
  780. 28:40a Facebook status it's complicated um
  781. 28:43and so that makes things very very messy
  782. 28:45because there's a lot of like just
  783. 28:47crossing legal precedent none of which
  784. 28:48is really even like some of which kind
  785. 28:50of touches on here and so that's not
  786. 28:52very good or very easy and
  787. 28:53straightforward for you so
  788. 28:55sorry it's complicated consult a
  789. 28:58is the is the is the bottom line um Dr
  790. 29:01Anderson back to you uh you touched on
  791. 29:03this a little bit before but there's
  792. 29:05been quite a lot of change happening
  793. 29:06recently in Europe can you just sort of
  794. 29:08talk about uh globally how the Mental
  795. 29:11Health Community is thinking about this
  796. 29:13issue and where does the United States
  797. 29:15sort of fall on the spectrum of that so
  798. 29:18Europe is getting it right uh they've
  799. 29:20done systematic evidence reviews and
  800. 29:22their best scientists have studied these
  801. 29:24issues including the recent um cast
  802. 29:27Commission and they've all concurred
  803. 29:30that the evidence systematic evidence uh
  804. 29:33as reviewed is insufficient to
  805. 29:35justify medicalization of Miners and um
  806. 29:40and and also that they're going to be
  807. 29:42very cautious extremely cautious in
  808. 29:45offering uh interventions that are that
  809. 29:48cause irreversible changes life uh life
  810. 29:52changes um I I've been traveling to
  811. 29:55Europe um actually for the last 10 years
  812. 29:57and and in the last couple years I've
  813. 29:59been there a number of times meeting
  814. 30:01with some of the people who are my
  815. 30:03counterparts in Europe and we we all
  816. 30:05agree so I say sometimes I'm more
  817. 30:08comfortable in Europe than I am in the
  818. 30:09United States and in professional
  819. 30:11circles because they're really looking
  820. 30:14at the evidence they're they're trying
  821. 30:16to understand the need um we're all
  822. 30:19seeing the same thing which is a huge
  823. 30:21increase in the numbers of kids who are
  824. 30:24asserting a sexual or gender minority
  825. 30:26label all the big surveys in the US have
  826. 30:28shown this Gallop Harris CDC Williams
  827. 30:31Institute uh and so on and um and we're
  828. 30:36being asked what to do about it um one
  829. 30:40mistake that a lot of people are making
  830. 30:42is assuming that all of these kids are
  831. 30:44transgender
  832. 30:45kids no they're not they're a
  833. 30:48heterogeneous group that are gender
  834. 30:50questioning or asserting something and
  835. 30:52getting to the bottom of what's going on
  836. 30:54with individual children is all
  837. 30:55important so I've been a huge advocate
  838. 30:58surprise surprise as a psychologist of
  839. 31:00evaluating every child and trying to
  840. 31:02determine what's best for them and
  841. 31:04that's a big a big recommendation of the
  842. 31:07of the cast commission is individualized
  843. 31:10evaluation before any intervention
  844. 31:12including social transition by the way
  845. 31:15that I've been fighting people in the US
  846. 31:17about this you know some people say well
  847. 31:19it's not a medical intervention so why
  848. 31:21should a kid or family seek professional
  849. 31:25guidance such as you uh for making a
  850. 31:28decision like that can't they just make
  851. 31:30their best decision well they can um but
  852. 31:33now with experts having looked at it we
  853. 31:36think it's probably a good idea usually
  854. 31:38it's a sign that something's going on
  855. 31:40with your child the vast majority of
  856. 31:42such children have other things going on
  857. 31:44with them uh depression anxiety and so
  858. 31:46on and we should know about that and we
  859. 31:49don't just default to treating gender as
  860. 31:52a siloed problem we need to think
  861. 31:54holistically about about the children so
  862. 31:57there's a huge differ difference uh same
  863. 31:59difference um is exists between Canada
  864. 32:03and Europe Canada is sort of fighting
  865. 32:05through the nail to um in some circles
  866. 32:08to keep the the very uh Advocate
  867. 32:12oriented approach to gender with kids
  868. 32:14with youth and I'm a occasional
  869. 32:17consultant there as well with a couple
  870. 32:19of provinces who are trying to introduce
  871. 32:21more reasonable uh approaches to these
  872. 32:24issues um one of the one of the
  873. 32:26arguments that we here and that school
  874. 32:29board members will hear if they you know
  875. 32:31try to develop a policy on this topic is
  876. 32:34you know this is just a nickname what's
  877. 32:35the big deal uh you know why shouldn't
  878. 32:37we just respect a nickname just like we
  879. 32:39do other nicknames so Tammy maybe you
  880. 32:42could take that first and then back to
  881. 32:43you Dr Anderson how would you respond to
  882. 32:45that uh given your what happened with
  883. 32:47your daughter was it was it a big deal
  884. 32:48for your daughter or was it no big deal
  885. 32:50for her it was a huge deal for my
  886. 32:53daughter um from my experience with my
  887. 32:56daughter she wanted to be anybody else
  888. 32:58but herself she really really was at a
  889. 33:02place where she hated herself uh you
  890. 33:04have to understand it was here in Co she
  891. 33:06was very isolated she didn't have a lot
  892. 33:08of people in her Corner as most children
  893. 33:10didn't at that point to like encourage
  894. 33:12them and lift them up they were isolated
  895. 33:14at home um she was not just picking up a
  896. 33:18quick name and going on with her life
  897. 33:21she was creating a whole new person she
  898. 33:23wanted a different name she wanted a
  899. 33:25different Jer she wanted to be present
  900. 33:28herself differently it was creating an
  901. 33:30entirely new identity it's not just a
  902. 33:33nickname that is not the way that these
  903. 33:35children look at it your District could
  904. 33:37tell you that that's the policy that
  905. 33:38they use to let your child um transition
  906. 33:42at school push back against that you
  907. 33:44have every right to do that you have
  908. 33:45parental authority to do that it is not
  909. 33:47a school district's place to decide any
  910. 33:50sort of medical care for your child that
  911. 33:52is strictly false to the parent frankly
  912. 33:54because at the end of the day it's your
  913. 33:55responsibility to deal with any of those
  914. 33:57regs s those regrets should not be put
  915. 33:59on staff or administrators within a
  916. 34:01school district and the way the policies
  917. 34:03are written right now those are being
  918. 34:06put on staff and School District members
  919. 34:08and from my experience a large portion
  920. 34:11of Staff members and administration are
  921. 34:13not comfortable following the policies
  922. 34:15that are being handed
  923. 34:18down um how about you Dr Anderson from a
  924. 34:21clinical perspective how would you
  925. 34:22respond to that argument I think uh
  926. 34:24reasonable people can disagree but
  927. 34:27probably few of us would say that the
  928. 34:29average teacher in public school is a is
  929. 34:31qualified to diagnose gender
  930. 34:34dysphoria and uh if they're not then
  931. 34:37what business would they have affirming
  932. 34:39an identity completely different than
  933. 34:40the the one that everyone else knows the
  934. 34:43child by so so I've been making the case
  935. 34:45that school is not the proper place for
  936. 34:48that kind of evaluation and really
  937. 34:50should be done by a the appropriate
  938. 34:52professional uh my colleagues in Europe
  939. 34:54totally agree that's why I'm kind of in
  940. 34:57spirit a a European um teachers have so
  941. 35:00much to do these days I mean after all
  942. 35:02we we just went through this horrible
  943. 35:04social experiment which is a flop of uh
  944. 35:08of of uh isolation from school during
  945. 35:11covid and the kids are behind uh
  946. 35:14teachers are scrambling to to keep up
  947. 35:17and we keep loading them on loading them
  948. 35:19up with tasks to do um which they're not
  949. 35:23they're not equipped to do frankly as as
  950. 35:26loving as as most teachers are as very
  951. 35:29confident as they are and what I've been
  952. 35:32arguing um I think is that this whole
  953. 35:35notion of parent secrecy policies uh
  954. 35:39creates not only a rift in the family
  955. 35:41but creates a a rift between teachers
  956. 35:44and parents which we dare not really uh
  957. 35:48tolerate because historically um the
  958. 35:51Hallmark of public education has been
  959. 35:53partnership between parents and and
  960. 35:55teachers and you don't want to mess with
  961. 35:58that amen amen um Nikki uh over to you
  962. 36:02so another argument that we often hear
  963. 36:05that lawyers will assert is that uh
  964. 36:07Title 9 requires this so I know there's
  965. 36:09a new rule coming we'll get to that but
  966. 36:11how about currently under Title 9 is
  967. 36:13that true does title N9 require schools
  968. 36:15to hide things from parents you might be
  969. 36:18surprised but districts and states and
  970. 36:20the federal government are trying to
  971. 36:21have their cake and eat it too so right
  972. 36:23after um President Biden took office
  973. 36:25they issued an executive order 13988
  974. 36:28executive order on preventing and
  975. 36:30combating discrimination on the basis of
  976. 36:31gender identity or sexual orientation so
  977. 36:34it took a Supreme Court decision bosck
  978. 36:36be Clayton County which said that you
  979. 36:37can't discriminate against your
  980. 36:38employees on the basis of sex sexual
  981. 36:40orientation gender identity um and
  982. 36:43expanded that to all other spheres
  983. 36:44including education which is interesting
  984. 36:46because the Supreme Court actually in
  985. 36:47their BOS decision went out of its way
  986. 36:49to say this does not apply to other
  987. 36:51federal or state laws that um prohibit
  988. 36:54sex discrimination and so this this is
  989. 36:56the Biden people kind of picking and
  990. 36:57choosing chry picking um so this um and
  991. 37:01they had they had made very clear their
  992. 37:02plans to unwind Betsy D's title n laws
  993. 37:05that she put in place in 2020 um so kind
  994. 37:08of as part of this whole gender
  995. 37:09discrimination um project that they're
  996. 37:11working on they rolled out EEOC orders I
  997. 37:14mean obviously with many of you you know
  998. 37:15being school board members you also have
  999. 37:16employees that might be facing some of
  1000. 37:18these issues and so there's kind of the
  1001. 37:20student aspect of it there's the
  1002. 37:21employee aspect of this um and doj um
  1003. 37:24and the education department started to
  1004. 37:25put out fact sheets advising schools on
  1005. 37:27what to do about this you know how to
  1006. 37:29par like sports participation names Etc
  1007. 37:31and so this is this is all happening in
  1008. 37:33June 2021 like right after they take
  1009. 37:35office and so everybody's like okay we
  1010. 37:36we have to do romantic um so this so
  1011. 37:41everybody's like we have to do this all
  1012. 37:42right our school's going to be back in
  1013. 37:43session we we have to do all these
  1014. 37:45things um at the end of the in August
  1015. 37:482021 20 States sued the education
  1016. 37:51department saying that they don't have
  1017. 37:52to do Rec cool with the dark I we'll
  1018. 37:54just keep going I don't know somebody's
  1019. 37:56working on it I think so um so 20 States
  1020. 37:59sue the education department over this
  1021. 38:01saying asking for plenary injunction
  1022. 38:03saying this is nonsense we don't want
  1023. 38:05this um the 20 states does not include
  1024. 38:07Wisconsin sorry guys um but they're
  1025. 38:09saying you know we don't think this is
  1026. 38:10constitutional we think there are real
  1027. 38:12administrative prestig or act problems
  1028. 38:14and the um the district ends up or the
  1029. 38:17the 20 states end up getting an
  1030. 38:18injunction and so what's interesting is
  1031. 38:20like I actually was looking this up last
  1032. 38:21night I was like why has this not been
  1033. 38:22resolved yet um because in 2022 the
  1034. 38:25eastern district of Tennessee grants the
  1035. 38:28injunction and says you know you guys
  1036. 38:29don't have to go ahead with this and it
  1037. 38:31hasn't moved anywhere since and so the
  1038. 38:33it's in the sixth circuit there was an
  1039. 38:35argument um in April 23 where the the
  1040. 38:38federal government is arguing against
  1041. 38:39the state saying no no no you have to do
  1042. 38:41this thing except doj's argument in this
  1043. 38:44is um the interpretation of the of the
  1044. 38:47guidance documents aren't it's it can't
  1045. 38:49be you shouldn't have given the
  1046. 38:51injunction because it's just guidance
  1047. 38:54and the judge in the sixth Circuit Judge
  1048. 38:55Joan Larson is like well if it's just
  1049. 38:57does guidance and it doesn't mean
  1050. 38:58anything then why did you put it out in
  1051. 39:00the first place and so I think this is
  1052. 39:02fascinating right for like the education
  1053. 39:04department to be like wink wink n n do
  1054. 39:06these things or else it's coming down
  1055. 39:08the pike and then to say like hey but
  1056. 39:10you don't have to do it is like again
  1057. 39:11they're trying to have their cake and E
  1058. 39:12to too tldr we are interpreting it as no
  1059. 39:15one in the country if doj came out flat
  1060. 39:19out and said it's non-binding y'all it's
  1061. 39:21nonbinding okay so um they're also I
  1062. 39:24mean separate from those 20 States Texas
  1063. 39:25also has its own thing so with I guess
  1064. 39:27we're going to get into like where Title
  1065. 39:289 stands but as of right now like the
  1066. 39:30rule the final rule has not come out um
  1067. 39:32as of yesterday the education department
  1068. 39:34canceled their last couple meetings with
  1069. 39:37o the office of information Regulatory
  1070. 39:38Affairs um which is like they're which
  1071. 39:41means that they're finalizing the rule
  1072. 39:42they had this rule that came out or they
  1073. 39:44yeah they released the first iteration
  1074. 39:46of it in 2022 the Athletics part in 2023
  1075. 39:48they accepted over 250,000 comments from
  1076. 39:51the members of the public saying dear
  1077. 39:52God don't do this to our children um sex
  1078. 39:55sex does not equal sexual orientation
  1079. 39:56gender identity if you're going to do it
  1080. 39:58do it through an act of Congress you
  1081. 39:59can't update um a a law from 1972 just
  1082. 40:02through like waving your wand pen on a
  1083. 40:03phone you know Obama style um and so
  1084. 40:06that rule has not come out yet um and so
  1085. 40:09with that in mind it will probably come
  1086. 40:11out within the next 45 days um kind of
  1087. 40:13counting back from the from where the um
  1088. 40:16from the election date um May 21st May
  1089. 40:19May 21st is the drop dead date when the
  1090. 40:20rule has to come out and so when that
  1091. 40:23happens there will be a lot of
  1092. 40:25litigation and it's going to at that
  1093. 40:26point be to the Nationwide injunction
  1094. 40:28but even thinking back to 2020 when um
  1095. 40:31Betsy's rule came out that was I mean
  1096. 40:33May 2020 the world was shut down there
  1097. 40:35were no covid vaccines there was not a
  1098. 40:37single human being with a pulse on a
  1099. 40:38school campus in America and every
  1100. 40:41single titel nine officer every single
  1101. 40:43School administrator was like ringing
  1102. 40:44their hands saying there's no way we can
  1103. 40:46comply with this in 10 weeks um there
  1104. 40:48was no one who was being raped there was
  1105. 40:50no one who's being harassed on campuses
  1106. 40:51like what do you mean you knew this was
  1107. 40:53going to happen you sort of you read the
  1108. 40:54proposed rule you sort of knew the
  1109. 40:55direction this was going um and now
  1110. 40:57we're watching organizations like AXA
  1111. 40:59the association of title N9 officers
  1112. 41:02falling over themselves saying hey this
  1113. 41:03is coming here's how you update all your
  1114. 41:04policies and so you can kind of watch
  1115. 41:06where the temperature and where School
  1116. 41:08administrators where they want this to
  1117. 41:10go versus where they are legally obliged
  1118. 41:12to go and so know that you are on solid
  1119. 41:14legal standing if the Department of
  1120. 41:15Justice says this is not enforcable then
  1121. 41:17it is not enforcable so the the new rule
  1122. 41:20uh we we we don't know what's exactly
  1123. 41:22going to say but we've seen the proposed
  1124. 41:23rule does the does the text of the
  1125. 41:25proposed rule say anything being
  1126. 41:27explicit about the parental notice and
  1127. 41:30consent over gender transitions does it
  1128. 41:32address that issue directly in the so
  1129. 41:34you you guys might have seen in the news
  1130. 41:35that they're the Biden people have said
  1131. 41:37they're going to bifurcate this they're
  1132. 41:38going to release the Athletics part
  1133. 41:39after the election which is I think you
  1134. 41:41know again kind of disingenuous because
  1135. 41:43it's impossible to Overlay sexual
  1136. 41:46orientation and gender identity into
  1137. 41:47this Law Without impacting Athletics in
  1138. 41:50whatever way um and so I think you know
  1139. 41:53with that there is um you know I think
  1140. 41:55the parental exclusion is kind of the
  1141. 41:57biggest concern um because schools then
  1142. 41:59can strip the parental prerogative about
  1143. 42:01I don't want my child to be go by that
  1144. 42:02name I don't want my child to stay in
  1145. 42:04that cabin when they go on the overnight
  1146. 42:05field trip where if they start to defer
  1147. 42:07to the children on that over parents um
  1148. 42:10and you know there are major there are
  1149. 42:12significant speech concerns over this as
  1150. 42:14well again with the compelled speech
  1151. 42:15except um element the proposed rule
  1152. 42:18defined actable harassment in a way
  1153. 42:20where it's um there is in place a
  1154. 42:22Supreme Court decision called Davis fan
  1155. 42:23Ry this is from 1999 um that says that
  1156. 42:26um harassment has to be so severe
  1157. 42:28pervasive and objectionably offensive
  1158. 42:31that it interferes with the students's
  1159. 42:32educational um educational experience
  1160. 42:36never in my life would I have thought
  1161. 42:37that one word would be so important but
  1162. 42:39the Biden people and also the Obama
  1163. 42:41people had interpreted they had changed
  1164. 42:42that and to or and so when you go from
  1165. 42:44severe pervasive and objection offensive
  1166. 42:47which is you know kind of a totality of
  1167. 42:49events a really hostile environment to
  1168. 42:51severe pervasive or then suddenly it can
  1169. 42:54be one time Suddenly It's you say one
  1170. 42:56thing and so so humor satire parody I'm
  1171. 42:59religious you know all of those things
  1172. 43:01suddenly a one-off example can be a
  1173. 43:03reason that a student can claim that
  1174. 43:05they've been discriminated on the basis
  1175. 43:06of their gender identity and sexual
  1176. 43:08orientation and boom then the kid is
  1177. 43:10caught um and so that really sweeps in a
  1178. 43:13huge amount of protective speech which
  1179. 43:14is something that's cons that that that
  1180. 43:16that's concerning um the the mandering
  1181. 43:18the pronouns the names the all that um
  1182. 43:20and then again the Athletics saying I
  1183. 43:21just very much keep on your guard
  1184. 43:24because they're going to say that like
  1185. 43:25we're going to punt this till later
  1186. 43:27there is no way that they can actually
  1187. 43:28in real life um and it's going to put
  1188. 43:30frankly you guys are going to be on the
  1189. 43:31front line of this because even in their
  1190. 43:33proposed rule about the Athletics part
  1191. 43:35of it it was like okay well it's kind of
  1192. 43:37age dependent and it's kind of um at
  1193. 43:39like what the sport is and so if it's a
  1194. 43:41bunch of kindergarteners you know doing
  1195. 43:43like playing soccer that's one thing but
  1196. 43:44it's a bunch of high schoolers playing
  1197. 43:46lacrosse that's another thing but you do
  1198. 43:48the wrong thing and really wouldn't that
  1199. 43:49suck to have a tline investigation that
  1200. 43:51would subject you to the death penalty
  1201. 43:52don't do the wrong thing um and right I
  1202. 43:54mean you guys can read between the lines
  1203. 43:56no one is really interested in having
  1204. 43:58this like drawn out multi-year federal
  1205. 44:00process that what would subject you to
  1206. 44:02possibly losing all federal funds and so
  1207. 44:04it's obviously just easier and they know
  1208. 44:06that it's logical for elected officials
  1209. 44:08just to say you know what the easy thing
  1210. 44:09is just to fold to doj and so this is
  1211. 44:11them trying to compel without compelling
  1212. 44:14um and that in my mind is absolute
  1213. 44:16nonsense yeah so the new rule is going
  1214. 44:18to change a lot uh and what you need to
  1215. 44:22sort of know at this point is there's
  1216. 44:23going to be a whole lot of litigation
  1217. 44:25over it uh and so there's a good chance
  1218. 44:27that the rule could get enjoined and so
  1219. 44:29you sort of need to follow that
  1220. 44:30litigation to wait and see um and then
  1221. 44:32the other aspect with respect to this
  1222. 44:34parental notification at least my read
  1223. 44:35of it is it just doesn't address it
  1224. 44:38clearly it does there's nothing in the
  1225. 44:39text that says schools have to hide
  1226. 44:42things from parents there's nothing that
  1227. 44:44addresses the parental notice piece of
  1228. 44:46it
  1229. 44:47undoubtedly uh some people will argue
  1230. 44:49that it requires that but that's going
  1231. 44:51to have to get litigated so and I I
  1232. 44:52think there there are two other policies
  1233. 44:54that the education department was
  1234. 44:55advancing kind of at the same time both
  1235. 44:57of which sort of went under the radar
  1236. 44:58one is the Civil Rights data collection
  1237. 45:00every two years schools have to report
  1238. 45:02data to the federal government on
  1239. 45:04violence things like that um one of the
  1240. 45:06things when they proposed updating crdc
  1241. 45:08in 2021 was to create a new category for
  1242. 45:11student data that was being sent to the
  1243. 45:12Department of updating it from male and
  1244. 45:14female to male female um non-binary and
  1245. 45:17so that would then give them kind of the
  1246. 45:19purview to collect that information
  1247. 45:21going down as the youngest kindergarten
  1248. 45:22if children are non-binary my 5-year-old
  1249. 45:25when my when my kids were five did not
  1250. 45:26think about whether they were binary um
  1251. 45:28so that's you know that's one aspect of
  1252. 45:29it but that was a data collection thing
  1253. 45:31the big kind of Sound and Fury about the
  1254. 45:33Civil Rights data collection stuff they
  1255. 45:34wanted to update was that they also
  1256. 45:35wanted to stop collecting teacher on
  1257. 45:37student sexual assault information which
  1258. 45:39like why would anybody want that data so
  1259. 45:41that that caught a lot of information no
  1260. 45:42one really paid attention to this
  1261. 45:43categorization part the other thing
  1262. 45:45where they were doing meetings on but
  1263. 45:47they didn't actually do a whole proposed
  1264. 45:48rule whether they're going to change it
  1265. 45:49is furpa um but they were looking at
  1266. 45:51changing what privacy rights are because
  1267. 45:53furpa is generally I mean and you guys
  1268. 45:56generally know what furpa is right it's
  1269. 45:57to protect like districts handing out
  1270. 45:58kidss Social Security numbers like like
  1271. 46:01personally identifiable information we
  1272. 46:03have seen some districts interpret furpa
  1273. 46:05as that students have privacy rights
  1274. 46:07from their parents that is something
  1275. 46:09that is really worrisome and that's
  1276. 46:11something else that I am frightened
  1277. 46:13might end up being looped into this
  1278. 46:14regulation as well and so just pay
  1279. 46:16attention to that because minor children
  1280. 46:18should not have privacy rights from
  1281. 46:19their parent and I think you know we
  1282. 46:21have seen people who have speculated
  1283. 46:22this is kind of the UN rights of the
  1284. 46:24child Thing versus the rights of the
  1285. 46:25family so I think there there are large
  1286. 46:27battle is at play here um but like
  1287. 46:29children should not have rights on their
  1288. 46:30parent your parents are there to protect
  1289. 46:31you yeah so that kind of brings my next
  1290. 46:34question one of the last justifications
  1291. 46:37you hear for the policy of hiding this
  1292. 46:38from parents is well you know some
  1293. 46:40parents might not be accepting of their
  1294. 46:42own child's identity and we need to
  1295. 46:44protect those children from their own
  1296. 46:47parents so I was hoping just all of you
  1297. 46:49could react to that because I think
  1298. 46:50that's kind of the the heart of what uh
  1299. 46:53motivates these policies so maybe Tammy
  1300. 46:54you can go first and then Erica second
  1301. 46:56and then uh Nikki
  1302. 46:59last uh I would say I completely
  1303. 47:01disagree with that sentiment the vast
  1304. 47:04majority of the parents that I see in
  1305. 47:06this fight are genuinely loving and
  1306. 47:08caring parents and really just want what
  1307. 47:10is best for their child they just don't
  1308. 47:12want to be excluded from those
  1309. 47:15decision-making conversations nor do
  1310. 47:17they want the mentors that they're
  1311. 47:20allowing in their children's lives or
  1312. 47:22the medical professionals they're
  1313. 47:23allowing in their children's lives to
  1314. 47:25make their child feel empowered to keep
  1315. 47:28that secret from their family it's super
  1316. 47:32important that the basis of a child's
  1317. 47:35life is their parents because who is
  1318. 47:38going to be there for that child after
  1319. 47:40their education ends it most certainly
  1320. 47:42is not going to be any of the board
  1321. 47:43members in this room that's going to be
  1322. 47:45there for my daughter when she turns 17
  1323. 47:47or 18 and graduates from high school it
  1324. 47:49is my responsibility and obligation to
  1325. 47:51ensure that I am raising my child to the
  1326. 47:53best of my ability and the only way that
  1327. 47:55I can do that is if I can work alongside
  1328. 47:58the medical professionals and the
  1329. 47:59Educators that have time with my child
  1330. 48:03so to come from a stance assuming that
  1331. 48:05parents are Bad actors when they have
  1332. 48:08not displayed that to you that really
  1333. 48:10hinders a child's ability to foster a
  1334. 48:13safe and loving environment within the
  1335. 48:15community and their own home if that's
  1336. 48:17what they're being taught by their
  1337. 48:18educational
  1338. 48:25professionals to to piggyback on you uh
  1339. 48:29because we do agree I think
  1340. 48:30substantially so one of the rhetorical
  1341. 48:32questions I've asked in this uh
  1342. 48:34conversation sometimes about these
  1343. 48:36secrecy policies is okay so School
  1344. 48:38District a you have this policy you're
  1345. 48:41going to quote protect these children
  1346. 48:43from their potentially abusive parents
  1347. 48:46where's the
  1348. 48:48offramp where's the offramp what do you
  1349. 48:51do you do this for a while I have over
  1350. 48:55and over and over again unseen Carnage
  1351. 48:58harm to children done by perpetuating
  1352. 49:01this double life where the children are
  1353. 49:04essentially tacitly encouraged to lie to
  1354. 49:07their
  1355. 49:08parents that does not lead to a good
  1356. 49:11place okay and as much as I support uh
  1357. 49:15teachers and schools from helping kids
  1358. 49:18where are these kids in the
  1359. 49:20summer when the school year ends where
  1360. 49:23are these kids when they're 17 18 so I I
  1361. 49:26just think it's impossible to justify
  1362. 49:30longterm and I I argued that I don't
  1363. 49:33think it's it's uh appropriate short
  1364. 49:35term for a lot of reasons I I also like
  1365. 49:39Tammy uh believe that most uh most
  1366. 49:44parents the overwhelming majority of
  1367. 49:47parents only want what's best for their
  1368. 49:50children how can we deprive them of
  1369. 49:52weighing in on what's best for their own
  1370. 49:54children and what gives a school
  1371. 49:57district the
  1372. 50:00um justification for thinking that the
  1373. 50:03Judgment by a teacher who has known this
  1374. 50:07child for a short period of time is to
  1375. 50:10be is to supplant the Judgment of
  1376. 50:12parents who who H biologically and in
  1377. 50:16and uh in law are charged with the
  1378. 50:19health and well-being of their
  1379. 50:22children yeah back to you Nikki how
  1380. 50:24would you respond to that argument from
  1381. 50:25a legal perspective obviously my
  1382. 50:27panelists are correct um no you know I
  1383. 50:31think the vast majority of parents are
  1384. 50:33loving are supportive and certainly
  1385. 50:34there are cases when families are not
  1386. 50:36this is not to discount or say that that
  1387. 50:38doesn't exist but also we don't make
  1388. 50:40policies based on those exceptions um
  1389. 50:43you know the fact is is that you have
  1390. 50:45right now taxpayer funded teachers
  1391. 50:47administrators implying telling teaching
  1392. 50:50kids your parents might not love you if
  1393. 50:52I mean that is like that is so that
  1394. 50:54breaks my heart that my child might come
  1395. 50:56home and think mommy's a Catholic she's
  1396. 50:58not going to love me if I do something
  1397. 51:00you know to put those conditions on
  1398. 51:02because that is at the end of the day
  1399. 51:04fundamentally destroying undermining
  1400. 51:05that parent child relationship as you
  1401. 51:07said I mean who is going to be there for
  1402. 51:09your child when they are 22 crying on
  1403. 51:10the bathroom floor it is sure as heck
  1404. 51:12not going to be a superintendent right I
  1405. 51:14mean and so like where do you come back
  1406. 51:16from how do you rebuild that and I when
  1407. 51:18we talk to parents whose kids have have
  1408. 51:19gone through similar issues it's
  1409. 51:21interesting because when we talk about
  1410. 51:23you know litigation in in most cases the
  1411. 51:25parents you know the reason one of the
  1412. 51:27reasons that we're structured as
  1413. 51:28membership Association and our
  1414. 51:29plaintiffs are Anonymous is their first
  1415. 51:31care and their first thought is and
  1416. 51:33always should be repairing that
  1417. 51:35relationship with their child which is
  1418. 51:37so frayed and so tenuous and you know I
  1419. 51:40would never Force someone into
  1420. 51:41litigation if I thought that it would it
  1421. 51:43would irreparably harm or damage that
  1422. 51:44and yet we have schools doing that with
  1423. 51:47our tax dollars and so it's I think it's
  1424. 51:50unconscionable all right so
  1425. 51:57last question for all of you uh very
  1426. 51:59open-ended we have a room full of uh
  1427. 52:01school board members that is giving you
  1428. 52:03their full attention so is there any
  1429. 52:05kind of final message you want to leave
  1430. 52:06them with uh uh that you want to say
  1431. 52:10about this topic so anybody that wants
  1432. 52:12to can go
  1433. 52:13first you go ahead Nikki I'm like
  1434. 52:15blanking right now um I mean thank you
  1435. 52:17guys for caring about this this is like
  1436. 52:19I just looking at kind of the tips that
  1437. 52:20we have received a parents defending
  1438. 52:21education over the past like three years
  1439. 52:23this has been the majority of it I mean
  1440. 52:25all of last year all of this year this
  1441. 52:27is front of mine because it permeates
  1442. 52:28everything it permeates curriculum it
  1443. 52:30permeates field trips sporting events um
  1444. 52:33yeah I mean watching kids be suspended
  1445. 52:34for having t-shirts saying they're only
  1446. 52:36two genders like this is an issue that
  1447. 52:38is not going away and so it is going to
  1448. 52:41continue to be something that is burning
  1449. 52:42white hot um but no I mean we have done
  1450. 52:45polling across this issue you know like
  1451. 52:47concerns about this span racial line
  1452. 52:49span political lines because parents do
  1453. 52:51love their children and they are really
  1454. 52:53deeply distressed that there are people
  1455. 52:55who are trying to take their children
  1456. 52:57away from them and tell them that
  1457. 52:59they're bad parents um and so you know
  1458. 53:01you are even though it is hard and there
  1459. 53:02will be people who will stand up at your
  1460. 53:03Schoolboard meetings and scream at you
  1461. 53:05know that the vast majority of Americans
  1462. 53:07are on your side in
  1463. 53:10this I would leave you with this you all
  1464. 53:14are in a very powerful position you can
  1465. 53:18decide to make a policy to always defer
  1466. 53:21issues like this to the parents and not
  1467. 53:23cut them out you're not only protecting
  1468. 53:25the children in the families in your
  1469. 53:27community but you're also protecting
  1470. 53:29your staff from having to follow
  1471. 53:31practices that they might not agree with
  1472. 53:33a large portion of teachers and
  1473. 53:36Educators wrapped up in this as well as
  1474. 53:38administrators do not believe in the
  1475. 53:40practice of affirming children but are
  1476. 53:43they going to do that if their benefits
  1477. 53:45are on the line and they're not going to
  1478. 53:47be able to support their family or
  1479. 53:49provide housing for their children they
  1480. 53:51absolutely will and that's nothing
  1481. 53:53against any educator who does that the
  1482. 53:55board is in a particular predicament
  1483. 53:58where they can make that ruling and
  1484. 54:01ensure that not only are community
  1485. 54:03members Protected Their staff members
  1486. 54:06are protected as well you guys can work
  1487. 54:08together if you find a child and a
  1488. 54:10family that supports affirmative care
  1489. 54:12you can make the choice to support that
  1490. 54:15but it should always be deferred to the
  1491. 54:17parents you should not put staff members
  1492. 54:20in a difficult situation where they have
  1493. 54:22to deliver to a family we are going to
  1494. 54:25disregard the medical care you want for
  1495. 54:28your child and we are going to let your
  1496. 54:30very
  1497. 54:31distressed potentially mentally ill
  1498. 54:34child make a very serious decision and
  1499. 54:38cut you out of the loop I would
  1500. 54:41encourage you to put this on your board
  1501. 54:44meetings every month to come to a
  1502. 54:46decision to make that policy to always
  1503. 54:50defer to the
  1504. 54:51parents that that would be my
  1505. 54:55suggestion yeah in a long career as
  1506. 54:57you've heard as a psychologist I've
  1507. 54:59always been intent on driving uh
  1508. 55:03information gathering and discussion
  1509. 55:05towards
  1510. 55:06consensus what do we know about a child
  1511. 55:09what do we know about a child's needs
  1512. 55:11right now and can we all agree what
  1513. 55:14those are um my concern about these
  1514. 55:17policies among others is that it drives
  1515. 55:20Division and it it works against uh
  1516. 55:24finding consensus because because
  1517. 55:27information isn't being shared so if we
  1518. 55:29share all the same information teachers
  1519. 55:32parents clinicians kids even um then we
  1520. 55:37have a basis to talk about okay now what
  1521. 55:39do we do about it but if we're keeping
  1522. 55:41siloed information that's not going to
  1523. 55:44help us to drive towards a common
  1524. 55:47purpose and a common um way to to uh
  1525. 55:52intervene Let's uh thank our panel for
  1526. 55:55being here we got um

About this transcript

This page contains the full transcript of WILL School Board Summit Session 4: Parental Rights & Student Gender Identity by Wisconsin Institute for Law & Liberty, generated from the public captions YouTube serves with the video. The transcript has 10,767 words across 1,526 segments, with the original timestamps preserved so you can click any line to jump to that moment in the embedded player.

What you can do with it

Use the transcript to take notes, quote the speaker, build a study guide, generate a summary with ChatGPT or Claude via the YouTube Summary tool, or export it as a timed subtitle file with YouTube to SRT. You can also re-open it in the transcriber to choose a caption track available on the video.

Free YouTube transcript tool

YouTube2Text is a free YouTube transcript generator — no signup, no daily limit. Paste any YouTube link and get the full transcript instantly, with timestamps, click-to-jump, caption language selection, AI prompts for ChatGPT, Claude, and Gemini, and exports to TXT, SRT, VTT, or Markdown.