Supreme Court won’t hear Maine case about parental rights on gender in schools

The nation’s highest court will not take up a Maine mother’s lawsuit against a Damariscotta-based school district, which she argued violated her parental rights by not disclosing information about her child’s gender transition.

The U.S. Supreme Court on Monday released the latest round of cases that it has agreed to take, and those it rejected. It denied the appeal from Amber Lavigne, whose case had been dismissed by lower courts.

Lavigne, of Newcastle, first sued the Great Salt Bay Community School Board in April 2023, alleging it violated her parental rights and the 14th Amendment by allowing her child to use a different name and pronouns in school than they had been assigned at birth. She also said school employees provided the 13-year-old with a chest binder, an undergarment often used by transgender individuals to flatten breasts.

The district has long maintained that its policies were in accordance with state law.

A federal judge dismissed the case in May 2024, writing that Lavigne had no claims that were eligible for relief. She appealed that ruling to the 1st U.S. Circuit Court of Appeals in Boston, which upheld the lower court’s dismissal. In December, she asked the Supreme Court to take up the case.

Lavigne has been represented by the Goldwater Institute, a conservative Arizona-based think tank.

Nearly 20 states, all led by Republicans, submitted briefs supporting Lavigne’s appeal. They argued school districts do not have the right to withhold information that affects the rights of parents to be the primary decision-makers in raising their children.

The court has taken up multiple cases this term related to transgender rights and public school districts, including two lawsuits about the rights of transgender athletes to participate in sports teams aligned with their gender identity.

In a statement Monday, Lavigne’s attorney Adam Shelton said he was disappointed with the court’s decision.

“It signals to schools across the country, and especially in Maine, that hiding information from parents does not run afoul of the Constitution,” Shelton said. Lavigne was not available for an interview.

Melissa Hewey, an attorney for the Great Salt Bay Community School Board, noted in a statement that Lavigne’s case has now been dismissed at every level.

“It is gratifying to all our clients that this claim, which had no merit from day one, is finally over,” she said.

This story was originally published by the Maine Trust for Local News. Riley Board can be reached at rboard@pressherald.com.