No Clearly Established Right Not to Have Gov’t Disclose Your Gender Identity to Your Spouse (+ Some Others)
John Doe, born female and transitioning to male, says Detective Adam Gray of the Starke County Sheriff’s Department disclosed John Doe’s gender identity to A.B., his [wife] who was allegedly unaware of it. John Doe also claims that Detective Gray shared this information with Katherine Purtee, a family case law manager at the Indiana Department of Child Services, who thereafter disclosed the information to A.B.’s children….
Officials are shielded [by qualified immunity] from civil liability “‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'” … The concept of ordered liberty protected by the Fourteenth Amendment’s due process clause has been interpreted to include “the individual interest in avoiding disclosure of personal matters.” Whalen v. Roe (1977). Courts of appeals, including this circuit, “have interpreted Whalen to recognize a constitutional right to the privacy of medical, sexual, financial, and perhaps other categories of highly personal information—information that most people are reluctant to disclose to strangers—and have held that the right is defeasible only upon proof of a strong public interest in access to or dissemination of the information.” …
John Doe does not cite to any closely analogous cases to show that a Fourteenth Amendment right to keep his … gender identity private from disclosure to his spouse, his spouse’s children, or foster parents by state authorities was clearly established…. Knowledge that the disclosure
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