Wisconsin Student Born Female Sues for Being Denied Boys’ Restroom, Preferred Name

Whitaker-compressedMILWAUKEE, Wisc. — A Wisconsin student who was born a female but identifies as male has filed a federal lawsuit against her school district for being denied use of the boys’ restroom and for continuing to be referred to by her feminine name.

Ashton Whitaker, 16, is suing the Kenosha Unified School District No. 1 and Superintendent Sue Savaglio-Jarvis over the matter, which her attorneys contend violates Title IX of the Education Amendments of 1972 and the Equal Protection Clause of the U.S. Constitution.

The complaint, filed by the Transgender Law Center and Relman, Dane and Colfax PLLC, alleges that officials at Tremper High School told Whitaker that she must either use the girls’ restroom or a single occupancy restroom in the school office.

The following year, she surreptitiously began using the boys’ restroom, but was spotted by a teacher months later and again instructed to use the girls’ restroom or the lavatory in the office.

Whitaker then sought to avoid using the restroom at all at school, but said that limiting her fluids caused medical issues. She continued, however, to use the boys’ restroom at school in defiance of the district policy.

She also takes issue that officials required her to room with the girls during a trip to Europe as part of the Tremper High School student orchestra.

“My peers and many of my teachers know me as a boy, and have been incredibly supportive,” Whitaker said in a statement released by the Transgender Law Center. “But the school administrators have made my life miserable every school day since this spring, when they told me I could no longer use the boys’ restrooms, which I’d been using with the support of my classmates for months.”

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She contends that officials proposed to require transgender students to wear green wristbands in order to monitor restroom use.

“I worry about how I’m going to navigate the demands of senior year if I can’t even go to the bathroom without worrying that I’m being watched,” Whitaker said.

Whitaker had taken on her school earlier this year when she was prohibited from running for prom king, a designation exclusively held by boys. She launched a petition over the matter and the district ultimately relented.

While online documents show that the district will likely change its restroom use policy to accommodate students like Whitaker, it says that “some of the factual allegations are patently false.”

“The district does not have a practice or policy requiring any student to wear a wristband for monitoring any purpose or for any reason whatsoever,” it wrote in a statement. “The district has worked diligently with transgendered students and their families to address their unique needs and accommodations, including the family named in the suit.”

However, not all those who have struggled with gender identity believe that it is right to support and affirm a person’s desire to live as those of the opposite sex.

As previously reported, Walt Heyer, a 75-year-old man who obtained a sex change operation in the 1980’s to live as a woman for eight years before reverting back to his biological gender, now leads a ministry in which he shares his story with the world of how Christ redeemed his life and gave him hope.

“Nobody’s ever born a transgender,” he told the Daily Mail last January. “They’re manufactured as a result of something, a developmental childhood issue that has yet to be determined for many people.”

“All of them have some level of depression, and we’re not treating them,” Heyer lamented. “We’re just cutting off body parts and giving them a new name and a new gender.”

“God designed man; He designed women,” he also said in a video recorded last year. “God will redeem the lives of people who struggle with gender identity issues just like I did. He redeemed my life, and I’ve been free from it as a result of that.”


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  • hytre64

    Since Title IX specifically refers to the “SEX” of the students, rather than the “gender”, and there is no denying that this student is physically female, she should have no case – despite how President Obama and his cronies in the Department of Education have twisted their interpretation.

    No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that:”

    The GLTBQ alliance has specifically been informing us that gender is a social construct and should therefore be fluid (it really isn’t), and that sex really refers to what type of reproductive organs you possess. Therefore, ergo, to whit, she has lost.

    • TheBottomline4This

      Gender is a sex, male or female..
      Sex is the distinction between male and female.
      They are the same…
      People ask expectant parents…
      What is the gender of the baby?
      What is the sex of the baby?
      Same thing 🙂

    • Nidalap

      In the past, back when judges actually ruled based on the Constitution, it would have been so. Now in P.C.(Post Constitution) America, all they need is to draw the right judge to win. And that probability increases as our society slides downward…

  • TheBottomline4This

    You were born a female and will die a female.
    You are not a male and never will be, regardless of what you do to try and change that.
    It’s sad you can’t accept your true self and are discriminating against who you are.
    #WeDieTheGender/SexWeAreBorn
    #StopBirthGender/SexDiscrimination

    • Amos Moses

      Body Dysmorphia

      • Paramananda Devasahayam

        Your body grows as you think the way it should be , even if it is not, the abnormal growth of such organ can be noticed and corrected by medical treatment if one desires to the right person by his birth. If the dysmorphia is by birth then the government must identify such people separately and extend all help medically and psychologically to such persons to live a decent respectful life in society with out disparity. But it is silly to polarize the society as gay and lesbians by the individuals wantonness desire. Even the respectable juries fall a prey as humans to such a silly act by supporting their cause.

        • Amos Moses

          “If the dysmorphia is by birth”

          ambiguous genitalia is one thing ….. but that is not what is being talked about …… people are not “born” trans, homo, or any other deviance from male and female ….. they choose it ……

  • Steve Buckley

    Hmmm.
    Perhaps you should just get used to the idea that you’re a female, and learn to live with it.
    We all have to grow up at some point in our lives.

  • ComeOnPeople!

    I’m just picturing her trying to use the urinal. Ahahaha

    • TheBottomline4This

      It would be interesting to know the % of trans who are really only doing it for the attention and special treatment they see the trans people getting. They could be pretending for various reasons, but I’m sure the numbers would be higher than we think.

      • ComeOnPeople!

        The bottom line is this…. Satan hates GOD’s design and he is trying to prevent it any way possible. People who say they believe in the CREATOR and HIS ways , & fall for this perversion are simply changing sides . They can call it tolerance or love or whatever they want to feel good about accepting it but they are no longer serving the true GOD of heaven but the enemy of their souls. Any departure from GOD’s design is a perversion and HIS true children will have nothing to do with it. I see so called churches now accepting any and every perversion of HIS amazing design. It’s sad but I guess thats why they call deception just that…. deception .

  • Reason2012

    Good, then all girls can sue schools for denying THEM the right to use a girls’ restroom and forcing them instead to use co-ed restrooms where boys can walk in on them, which violates Title IX of the Education Amendments of 1972 and the Equal Protection Clause of the United States Constitution, which DOES say “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance…”

    Americans need to start suing their schools that do this in precisely the above manner.

  • Rosemary Martin

    I feel this child is suffering from a mental disorder and needs help, not to use the boys room, I pray her parents wake up and get her some help.

  • Dan Jones

    She cannot sue, she isn’t 18 so that leaves us the parents who want money and fame…

    Always be a true light that is shininginthedark.c

  • Grace Kim Kwon

    Liberal education’s fruit. Children needed to be taught to pursue the truth seriously, not to entertain themselves with immoral falsehood.

    • Becky

      More like, liberal education’s fruitcake.

  • Nidalap

    The only reason these folks are being coddled this way is because their mental illness is linked with a sexual perversion.
    We’re not seeing a person suffering from multiple personality disorder being taken seriously if he or she demands to be addressed as “they”.
    We’re not providing Bulimics with a special stall where they can do their purging in peace.
    We’re not using our tax dollars to specifically provide diet pills to Anorexics.

    If we did do these things, we’d be harming those suffering from these afflictions by encouraging them in their disorders.
    Thanks to political correctness, trannys get treated to special harm…

    • Becky

      Well said…I agree.

  • Chet

    God Almighty, giver of all life, formed her in her momma’s womb just as she is, female. She will live out all her days on Earth as such, changing nothing despite what she thinks or how she feels and the government’s support of folks needing help and encouragement in such matters.

  • Paramananda Devasahayam

    Gender identity must be identified by birth not by ones feeling and desire or his harmon levels whcih can always be corrected if one has the will to do it by modern medicine and medical treatment and proper councelling. the intelectuals and juries. must come out with strong will to put an end to this serious problem of homo sexuals and lesbians who try to pollute the decent society and deprive them of their moral right and dignity even of privacy. which is most serious.

  • hytre64

    If you want to be identified by your “preferred name”, file a name change with the court.

    If you want to use the male restroom, you need to have a male sexual organ (attached).

    I notice that this girl is only talking about the restroom. What has she been doing about the locker room for gym classes?

  • C_Alan_Nault

    gay is a choice

    • Paramananda Devasahayam

      Choice between evil (in the sense it pollutes and spoils the decent society by its evil intentions against one’s own nature of birth and moral life) and good