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Appeals court rules against Maine mother who argued school concealed child's gender transition

In this photograph provided by Stephen Davis Phillips/Goldwater Institute, Amber Lavigne, of Newcastle, Maine, poses on March 25, 2023, at her home in Newcastle. Lavigne is suing a school district saying a counselor encouraged her teen's social gender transition without consulting her. The federal lawsuit argues parents' rights trump state statutes allowing school counselors to keep student gender and sexuality information private.
Stephen Davis Phillips / AP
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via the BDN
In this photograph provided by Stephen Davis Phillips/Goldwater Institute, Amber Lavigne, of Newcastle, Maine, poses on March 25, 2023, at her home in Newcastle. Lavigne is suing a school district saying a counselor encouraged her teen's social gender transition without consulting her. The federal lawsuit argues parents' rights trump state statutes allowing school counselors to keep student gender and sexuality information private.

The First Circuit Court of Appeals has affirmed the dismissal of a lawsuit brought by a Maine mother who alleged the Damariscotta school district concealed her child's attempted gender transition from the family.

Amber Lavigne argued that a school counselor at Great Salt Bay Community School encouraged her 13-year-old to wear a chest binder and use a different name and pronouns at school without consulting her.

The lawsuit was dismissed in federal court last year, and that decision was appealed to the First Circuit. But the panel of justices in Boston agreed that Lavigne had not plausibly demonstrated a custom or policy of withholding information, and so the school board was not liable.

Kaitlyn Budion is Maine Public’s Bangor correspondent, joining the reporting team after several years working in print journalism.