Tenth Circuit Affirms Dismissal of Substantive Due Process Challenge to School District’s Gender-Identity Policies

Content Warning: This article references child suicide.

In Lee v. Poudre School District R-1, 2025 U.S. App. LEXIS 9600, ___ F.4th. ___ (10th Cir. Apr. 22, 2025), the U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of a complaint filed by parents alleging that Poudre School District (the district) maintained official policies discouraging disclosure of transgender or nonbinary students’ gender identities, thus violating their substantive-due-process right to the care, custody and control of their children. The circuit court ruled that the parents had failed to adequately allege municipal liability.

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