Judge rejects part of Hilliard lawsuit alleging student coerced to ‘identify as opposite sex’
HILLIARD, Ohio (WCMH) — A federal judge has rejected part of a lawsuit against Hilliard City Schools by parents seeking removal of LGBTQ+ badges and alleging the district could be “hiding [a] child’s gender dysphoria.”
Nine Hilliard plaintiffs’ claim that the district would deceive a parent whose child is transgender if said parent is not a “safe person” because they are anti-LGBTQ+ was dismissed on Friday for “lack of standing,” the decision in the U.S. District Court in the Southern District of Ohio states. The parents failed to “plausibly allege” that they were or will be marked as “unsafe” by the district, or that they partake in activities that might earn them the “unsafe” label.
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“Plaintiffs offer no allegations that their children have told or will tell the school that they are, or may be, LGBTQ+,” wrote Judge Michael Watson. “Because [parents] have not plausibly alleged that their children have reported or will report such issues to school officials, they have likewise not plausibly alleged that they will suffer any injury as a result of what the district might do in response.”
Friday’s decision follows the parents’ second amended complaint submitted on April 1, also alleging a student suffering from “severe emotional trauma” was pressured by teachers to adopt “a new name and identity as the opposite sex.” The parents say school officials “treated the child as the opposite sex” without parental consent after “diagnosing” the student with gender dysphoria.
Watson ruled that this claim, which said the district deceived the student’s parents while the child’s “condition spiraled out of control” and led to a suicide attempt, can proceed through litigation. The parents argued, “The district’s acts were reckless because district officials are not qualified — and are specifically denied entitlement to — make diagnoses and treatment decisions for somebody else’s child.”
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In a statement to NBC4 on Friday, Hilliard schools superintendent David Stewart said the district “looks forward to presenting a set of facts that clearly contradict the few remaining claims in the suit.”
“From the outset, our position has been that this suit was misinformed and based on incorrect facts. It mischaracterized our district’s policies and procedures and made allegations of conduct that did not occur,” Stewart said. “It also made several broad conclusions and accusations, which had little to do with the legal arguments presented.”
The parents initially sued Hilliard schools in January 2023 to call on the court to stop district teachers from wearing LGBTQ-supportive badges that read “I’m Here” with a Pride flag design on the front. Teachers were given permission to continue wearing the badges in 2022 after some parents expressed concern over a code on the back that could lead to websites inappropriate for children.
Watson said in Friday’s ruling that the LGBTQ+ badge provision also lacks standing because the parents do not allege whether any of their children’s teachers, or anyone at their children’s schools, wear the badge. The parents also failed to allege that they have any reason to believe that their child would scan the QR code if they see a badge.
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“Plaintiffs have not plausibly alleged any risk that their children will be exposed to the sexually explicit material because of the badge,” Watson states.
School officials said in January of last year they discussed the possibility of students accessing inappropriate material, and agreed that the codes should be covered so that they would not be visible. The district said at the time it was not aware of any student accessing the QR code or materials.
“We live in challenging times with complicated issues — for students, parents, teachers and school administrators,” Stewart said on Friday. “We want to take on these complicated issues and help our students and parents however we can, but such false allegations undermine our mission and the hard work of our dedicated staff and teachers.”
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