Federal Judge Rules Wisconsin School District Must Allow Girl in Boys’ Restroom While Lawsuit Proceeds

Whitaker-compressedMILWAUKEE, Wisc. — A federal judge has issued a temporary injunction against a Wisconsin school district, ordering officials to allow a female student who identifies as a boy to use the boys’ restroom while her case moves forward in court.

“There’s no question that Ash has already suffered harm and has had physical repercussions from the policy as well as emotional repercussions,” U.S. District Judge Pamela Pepper, nominated to the bench by Barack Obama, wrote on Tuesday.

As previously reported, Ashton Whitaker, 16, sued the Kenosha Unified School District No. 1 and Superintendent Sue Savaglio-Jarvis in July for being denied use of the boys’ restroom and for continuing to be referred to by her feminine name. Her attorneys contend the acts violate Title IX of the Education Amendments of 1972 and the Equal Protection Clause of the U.S. Constitution.

Whitaker’s complaint, filed by the Transgender Law Center and Relman, Dane and Colfax PLLC, alleges that officials at Tremper High School told her 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.

In July, she filed suit against the district to gain entry into her preferred restroom.

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“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.”

The district sought to have the suit dismissed, asserting that Title IX does not apply to those who struggle with gender dysphoria, but rather entails discrimination in education programs based on a person’s sex.

But Judge Pepper rejected the request for dismissal on Monday, opining that Whitaker’s case met the standard for a Title IX claim. The following day, she placed a temporary injunction on the school’s restroom policy while Whitaker’s suit moves forward in court.

“For the first time this year, I feel like I can actually make it through my senior year of high school just like any other boy in my class,” Whitaker said in a statement. “It’s awful going to school every day with the constant stress and stigma from being segregated from my peers and from administrators watching my every move just because of who I am.”

But the Kenosha Unified School District vowed to appeal both decisions.

“The district is disappointed with the court’s decision to grant an injunction. Nevertheless, the district is bound by the court’s order,” district attorney Ronald Stadler remarked in a statement. “This order only affects the plaintiff in this case and the district will continue with all policies and procedures that were in place prior to the case for all other students. The district, like many others in the nation, looks forward to the final decision in this case.”

Whitaker had previously fought her school district for prohibiting her from running for prom king. Officials relented in the matter.

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  • bowie1

    Isn’t that like passing sentence even before the trial begins?

    • http://www.slowlyboiledfrog.com/ David Cary Hart

      No. I have posted a copy of the order at the SlowlyBoiledFrog (I cannot post links here) which includes the judge’s complete discussion of the requirements for a preliminary injunction. A likelihood of succeeding on the merits and the prospect for doing no harm are just two of the criteria.

      This kid has really been terribly abused by his school. The harm was what was being done to him.

  • http://www.slowlyboiledfrog.com/ David Cary Hart

    Ash did not get everything that his lawyers wanted but it’s close. This is currently at the top of the fold at the SlowlyBoiledFrog and I have included a copy of the order.

  • hytre64✓ᵛᵉʳᶦᶠᶦᵉᵈ

    Will the judge acknowledge the “harm… physical repercussions from the policy as well as emotional repercussions,” that he is doing to the male students who are being forced to share a restroom/locker room with this female?

  • Jim Garrou


  • TheBottomline4This

    Whitaker is a female and will die a female.
    Enabling this mental illness isn’t the answer.

    I have one person in my life who thinks they are the opposite of who they were born. They are not. I sometimes would call this person…just like other friends…by their last name before this person “transitioned”. Like, “Hey Smith, can you…? Now I call this person by their last name only anytime I address them.

  • rick tanner

    Nothing to see here…just an Obama appointee doing her best to make the law instead of upholding what the laws are…

  • Emmanuel

    I wonder what will happen with the boys start to refuse PE and after school sports to avoid being in the same locker room with her?

    • TheBottomline4This

      Sadly they will comply out of fear of getting in trouble or being labeled “intolerant”. Some in this generation are brainwashed with the lie this is normal. They don’t know any better.

    • uninvitedguest

      He already has the support of his classmates

      • TheBottomline4This

        She has public support since that’s the PC thing to do.
        In private, I’m sure not all agree. It would be interesting to have her not in the room and see how many really agreed.
        But who cares, the Truth doesn’t matter anymore.

  • Nidalap

    Hard to say, since it’s a minor, whether she actually suffers from this mental illness or is just desperately seeking attention…

  • Grace Kim Kwon

    People do a lot of weird and unnecessary and mentally ill things when they don’t have to work to earn bread.

  • Royce E. Van Blaricome

    Hopefully these cases will begin to wake people up and move them to stop looking the other way. There may still be some who think they can look the other way, mind their own business, not get involved, and stay outta the culture wars. But sooner or later ALL will be forced to take a side. Those who don’t take a side will be taking the side of the reprobates by acquiescence. And it is that acquiescence that is responsible for where we are today because evil has allowed to rear its ugly head without finding any resistance whatsoever.

    The country is becoming increasingly more godless. There have always been the sexually immoral, deviants, and various perversions in the world. But only until recently has it not been relegated to the dark back alleys and hidden recesses where they would congregate unbeknownst to most of Society. They dared not show themselves in the public light. Today, however, they have learned to come into the Light and be tolerated. As that godlessness continues to become more “acceptable”, more and more parents will be raising godless children and the line between right and wrong will all but disappear.

    So it will be increasingly more important for those who have not been Born Again but yet still have a conscience to act. If they speak out along with the Born Again, vote common sense decency standards to the local school boards and government positions, and stand up for the rights of their children to not be subjected to this lunacy, it may buy us, as a Society, some more time.

    If not, we will see the Days Of Noah far sooner than later.

    (Far better to surrender to Christ now while there is yet still time and one does not get turned over to a reprobate mind due to the hardness of their heart.)

  • http://www.gmail.com/ David van Heerden

    “Federal Judge Rules Wisconsin School District Must Allow Girl in Boys’ Restroom While Lawsuit Proceeds”? How can the poor girl stay in the bathroom that long? These cases take months or years! The bathroom is no place to spend your life! Doesn’t this girl need medical attention?

  • Jackie Cutter

    So, “good Christians,” how good does it make you feel to bully a child?