Federal Judge Orders School District to Treat Male Who Identifies as Female ‘as the Girl She Is’

Womens Restroom-compressedMARENGO, Ohio — A federal judge ordered an Ohio school district on Monday to treat a male elementary school student who identifies as female “as the girl she is,” including allowing him to use the girls restroom and referring to the child with feminine pronouns.

“The court orders school district officials to treat Jane Doe as the girl she is, including referring to her by female pronouns and her female name and allowing her to use the girls’ restroom at Highland Elementary School,” wrote Judge Algenon Marbley, nominated to the bench by then-President Bill Clinton.

The matter centers around an 11-year-old student at Highland Elementary School in Marengo. His name has not been released because he is a minor.

The child was diagnosed with gender dysphoria by mental health professionals at age 4, and his parents were advised that he “socially transition” as means to treat his condition. By the time he completed kindergarten, his parents asked Principal Shawn Winkelfoos to allow the boy to use the girls’ restroom and have school records reflect his “chosen name and correct gender marker.”

But Winkelfoos declined the request and advised that the child could use the unisex staff restroom, citing the district policies. He again did so the following year.

The child’s parents assert that the boy suffered from depression over the arrangement, and in 2014, he was admitted to the hospital after having suicidal thoughts. They later filed a complaint with the federal Office of Civil Rights (OCR), and also took the matter to Superintendent William Dodds, who saw nothing improper with the child using the staff restroom. The Board of Education voted similarly.

Last August, the child attempted suicide, but the school states that he exhibited no anger issues while at school and that counselors had sought to help him with an eating disorder and other health issues.

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In March of this year, OCR that the district was in violation of Title IX of the Education Amendments of 1972. It sought through a resolution agreement to force officials to allow the boy to use the girls’ restroom, but the district refused and instead filed suit.

In the meantime, the OCR sent the district a letter advising that it would initiate proceedings to either “suspend, terminate, or refuse to grant or continue financial assistance to the district or refer the case to the U.S. Department of Justice for judicial proceedings.”

On Monday, Judge Marbley sided with the parents, issuing a preliminary injunction while the case moves forward in court.

“The stigma and isolation Jane feels when she is singled out and forced to use a separate bathroom contribute to and exacerbate her mental-health challenges,” he wrote. “This is a clear case of irreparable harm to an eleven-year-old girl.”

The district has already filed a notice of its intent to appeal.

“Schools have a duty to protect the privacy, safety, and dignity of all students, but the judge’s order today doesn’t allow the Highland Local School District to do that,” said Legal Counsel Doug Wardlow of Alliance Defending Freedom, which is representing the district in court.

“Allowing boys in girls’ restrooms completely disregards the privacy needs and rights of all the girls who are rightfully and understandably concerned,” he stated. “The school district must consider them as well, and that’s why it crafted a sound policy which respects the privacy concerns of all children and at the same time respects the diverse needs of individual children.”


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  • TheBottomline4This

    A friend of mine is in a school that forces this sort of thing. It’s her second year teaching. She isn’t going along with it. She happens to have her first one for 2 classes this year. She is finding unique ways to avoid calling the student by the name they now want to be called. Other than that, she treats this student like any other. I applaud her for not giving into the insanity of this issue.

  • Amos Moses

    “the girl she is” ….. aint one …… so let her use the mens room ….. as the MAN (boy) it is ……..

    • TheBottomline4This

      Our Pastor talked for a few minutes this past Sunday about this trans stuff. He mentioned Psalm 100:3 which says, Know ye that the Lord he is God: it is He that hath made us, and not we ourselves..

      No matter how they, the trans, try to make themselves anything different than who God made them, is sin, is wrong, is delusional. They are the sex they are born and will die.

  • cadcoke5

    “The child was diagnosed with gender dysphoria by mental health professionals at age 4, and his parents were advised that he “socially transition” as means to treat his condition. ”

    This is child abuse by a professional. He will never be able to actually become a woman, and they have set him up for a lifetime of heartbreak.

    • TheBottomline4This

      First of all…”he’s” a she 🙂
      Secondly, I agree, under 18 yrs old, it is child abuse.
      Thirdly, she will become a woman, because she is a female and will die a female…but will deny that part of her. She will just grow up to be a woman, playing the role of a man.

      • Nidalap

        Apologies but, according to the article, you have the genders reversed…

        • TheBottomline4This

          No apology necessary Nidalap, you’re right 🙂
          Thanks for pointing my mistake out.

          • Nidalap

            Pleased as punch to help out! 🙂

    • hytre64✓ᵛᵉʳᶦᶠᶦᵉᵈ

      Seriously – at age 4, they are barely conscious of being a boy or a girl, much less the gender role distinctions. Perhaps much of his problems actually stem from this diagnosis and his parents subsequent actions to treat him as a girl, when the school (rightly) insists that he is a boy.

  • Reason2012

    They need to be sued for infringing on all girls’ rights to go to the bath room without boys walking in on them, changing in the locker rooms without a boy walking in on them. They are stepping on everyone else’s rights in the name of “equal rights”, which exposes it for the lie it is.

    • Grace Kim Kwon

      It’s not equal rights, but taming and controlling the mass with a falsehood. Once bent on a falsehood, humans become slaves to a villain. Slave owners use this tactic all the time. These judges may not be aware what they are doing now for what purpose since this habit is altogether destructive to a healthy nation, it’s just another proof that godless humanism is altogether stupid and only evil. Mankind cannot obtain freedom without the Holy Bible. Truth is freedom. Hopefully Americans will learn better than the Germans did because many American churches are still alive.

  • Grace Kim Kwon

    These judges are mocking normal people… A male student should be treated as a boy. Period. Truth should override feelings to let the boy overcome his selfishness and confusions and to protect all others.

  • Grace Kim Kwon

    It’s not equal rights, but taming and controlling the mass with a falsehood. Once bent on a falsehood, humans become hopeless about themselves and stay slaves to a villain. Slave owners use this tactic all the time. These judges may not be aware what they are doing now for what purpose since this habit is a love for falsehood and altogether destructive to a healthy nation, it’s just another proof that godless
    humanism is altogether stupid and only evil. Mankind cannot obtain freedom without the Holy Bible. Truth is freedom. Hopefully Americans will learn better than the Germans did because many American Christians are alive and well.

  • Nidalap

    http: //www;breitbart;com/london/2016/04/20/transgender-promoting-council-asks-children-aged-4-choose-gender-identity/

    Just delete the space and replace the semicolons with periods.

    {In 2013, Brighton & Hove City Council launched a “Trans Inclusion Schools Toolkit” encouraging schools and parents to “support transgender and gender questioning” children, which “may include taking hormones and or having gender reassignment surgeries”.}

    Amazing the things they’re starting to say that children can consent to, huh?

  • hytre64✓ᵛᵉʳᶦᶠᶦᵉᵈ

    Since Title IX specifically refers to the SEX of an individual, there was nothing improper going on in the school. This young person is of the male SEX – regardless of the confusion in his mind.

    I sympathise with him and his parents. He obviously needs a lot of help (and desperately needs Jesus), but his mental health issues should not impose unnecessarily upon the rights of his fellow female students.

  • Gena B

    If they don’t feed these kids hormones, then they would remain as they are. The problem is that by accepting this as natural they reinforce people being led by their feelings. Imagine this type of gender bending and what people will be like in another 50 years.

  • John_33✓ᵛᵉʳᶦᶠᶦᵉᵈ

    Commonsense says the judge is way offbase. How did we ever get to such lunacy?

  • Justin

    If I got my kids a pet fish and they really wanted a dog, and if they named the fish a dog’s name, and they took the fish for a walk and tried to play fetch with it, it doesn’t make it a dog. It’s still a fish. When I was in a public restroom the other day, I had a thought about if a woman came in, even if she did relate as a man. I thought about how uncomfortable I would feel, but with the new rules they’re coming up with it doesn’t matter if I’m uncomfortable. It doesn’t matter if it was a bathroom full of men that were uncomfortable. All that matters is that one woman who identifies as a man that has to feel comfortable. And as awkward as I would feel as a man, I can imagine how much more intensely uncomfortable women would feel if a man came in. But it doesn’t matter. As long as that one person who “identifies” as the other gender feels comfortable, then the world is as it should be, or at least in the eyes of the newest bullies of the world.