PORTLAND, Maine — Amber Lavigne alleges Great Salt Bay Community School in Damariscotta violated her constitutional rights. She claims staff helped her child identify as another gender and didn't tell her, the basis of a legal battle that continued in U.S. District Court in Portland Wednesday afternoon.
"Parents have a fundamental, constitutional right to control and direct the education and upbringing of their children," said Adam Shelton, a staff attorney for the Goldwater Institute, a conservative think tank.
Shelton and the Goldwater Institute have thrown their weight behind Amber Lavigne, who claims Great Salt Bay Community School gave her 13-year-old a chest binder, which is used to flatten breasts. She also alleges the school used a different name and gender pronouns for her child without telling her.
"She's hoping that the court will rule that withholding that type of information from her violated her constitutional right because it prohibited her choosing the best educational opportunity for her child," Shelton told NEWS CENTER Maine.
In court Wednesday, the judge asked for more information on whether the case has legal standing under a Supreme Court ruling on a related matter or if his ruling should be put on hold as a similar case plays out in Massachusetts.
"At the end of the day, I think it's really clear based on precedent all over the country that what happened here is not a violation of her constitutional rights," said Melissa Hewey, an attorney for the school.
LGBTQ+ and civil rights organization leaders say the lawsuit is part of a nationwide attack on transgender students.
"When young people have a trusted adult in their life, especially at school, they're going to do better at school," said Equality Maine Executive Director Gia Drew.
It's something Drew said she knows well as a former teacher who had students come out to her. She said she always wanted to help students eventually tell their families.
"Inevitably, it's going to happen," Drew said. "So, how do we prepare young people for those potentially challenging conversations with family members so young people don't feel alone in that process, either?"
The judge in this case is still considering a motion to dismiss it. It's not clear when that decision will be made.
