United States Court of Appeals For the Seventh Circuit ____________________ No. 23-1534 PARENTS PROTECTING OUR CHILDREN, UA, Plaintiff-Appellant, v. EAU CLAIRE AREA SCHOOL DISTRICT, WISCONSIN, et al., Defendants-Appellees. ____________________

Appeal from the United States District Court for the Western District of Wisconsin. No. 3:22-cv-00508-slc — Stephen L. Crocker, Magistrate Judge. ____________________

ARGUED SEPTEMBER 26, 2023 — DECIDED MARCH 7, 2024 ____________________

Before WOOD, SCUDDER, and ST. EVE, Circuit Judges. SCUDDER, Circuit Judge. Before us is an appeal brought by Parents Protecting Our Children, an association of parents that sued the Eau Claire Area School District in Wisconsin federal court to enjoin the enforcement of the District’s Ad- ministrative Guidance for Gender Identity Support. The Ad- ministrative Guidance, as its name implies, provides direction and resources to schools encountering students with ques- tions about their gender identity. Parents Protecting alleged 2 No. 23-1534 that the policy offends the U.S. Constitution’s Due Process and Free Exercise Clauses by interfering with its members’ exclusive right to make decisions with and on behalf of their children. The district court dismissed the complaint for lack of subject matter jurisdiction, explaining that Parents Protect- ing leveled a broad pre-enforcement facial attack on the Ad- ministrative Guidance without identifying any instance of the School District applying the policy in a way concerning or detrimental to parental rights. We affirm. Parents Protecting is clear that their members harbor genuine concerns about possible applications of the School District’s policy. Unless that policy operates to impose an injury or to create an imminent risk of injury, however—a worry that may never come to pass—the association’s con- cerns do not establish standing to sue and thus do not create a Case or Controversy. The district court had no choice but to dismiss the challenge for lack of Article III subject matter ju- risdiction. I A In 2021 the Eau Claire Area School District promulgated the Administrative Guidance for Gender Identity Support. The Administrative Guidance aims to “foster inclusive and welcoming environments that are free from discrimination, harassment, and bullying regardless of sex, sexual orienta- tion, gender identity or gender expression.” To this end, the document provides “guidelines” for schools to follow “to ad- dress the needs of transgender, nonbinary, and/or gender non-conforming students.” The Administrative Guidance ex- plains that it is intended to be a “resource” because no amount No. 23-1534 3 of general direction could “anticipate every possible situation that may occur” when it comes to matters of gender identity within a school environment. The process envisioned by the Administrative Guidance recognizes that either students or parents may contact school officials with questions, concerns, or requests bearing on mat- ters of student gender identity. By its terms, the Guidance acknowledges the delicacy and sensitivity of these matters, including the possibility that some students might “not [be] ‘open’ at home for reasons that may include safety concerns or lack of acceptance.” For that reason, “[s]chool personnel should speak with the student first before discussing a stu- dent’s gender non-conformity or transgender status with the student’s parent/guardian.” In 2022 the School District prepared a template Gender Support Plan. The Gender Support Plan is a document for schools