School District to Pay Girl Who Identifies as Boy $150,000 for Not Being Allowed to Use Preferred Restroom

Photo Credit: Transgender Law Center

MILWAUKEE, Wisc. — A school district in Wisconsin has agreed to pay $650,000 in attorneys’ fees and $150,000 to a female former student who identifies as male, who sued in 2016 after being prohibited from using the boys’ restroom.

The Transgender Law Center says that the $150,000 payment is for “harms … experienced as a student” at Tremper High School and will bring the matter to a close, instead of bringing the case before the U.S. Supreme Court, which had initially been petitioned to hear an appeal.

“This settlement sends the clear message to all school districts that discriminating against transgender students is against the law and harms students who simply want to go to school,” Joseph Wardenski of Relman, Dane & Colfax PLLC, which also represented the student, said in a statement.

“We are pleased that KUSD decided not to needlessly drag this case through the courts any further, to compensate Ash for the concrete and avoidable harms [she] suffered, and to finally allow Ash to move on from this painful chapter of [her] life,” he said.

Kenosha News says that the Kenosha Unified School Board voted 5-2 on Tuesday in favor of the settlement, which also agrees to allow the student to use the boys’ restroom in the future, if she visits schools in the district “as an alumnus or community member.”

Ronald Stadler, attorney for the board, said that the decision was made in part to avoid the cost of further litigation. He outlined that he believes the issue should, however, be decided by the U.S. Supreme Court at some point.

“I think eventually the Supreme Court is going to have to take this issue and issue a ruling, because we have lower courts all across the country that have looked at it in various ways, and it’s not always consistent,” Stadler told the New York Times.

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As previously reported, Ashton Whitaker, now 18, sued the Kenosha Unified School District No. 1 and Superintendent Sue Savaglio-Jarvis in July 2016 for being denied use of the boys’ restroom and for continuing to be referred to by her feminine name. She also took issue that officials required her to room with the girls during a trip to Europe as part of the Tremper High School student orchestra.

Her attorneys contended the acts violated Title IX of the Education Amendments of 1972 and the Equal Protection Clause of the U.S. Constitution.

Whitaker’s complaint alleged that officials at Tremper told her that she must either use the girls’ restroom or a single occupancy restroom in the school office. She later surreptitiously began using the boys’ restroom, but was spotted by a teacher 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.

Whitaker therefore filed suit against the district to gain entry into her preferred restroom, citing the suffrage of post-traumatic stress disorder from her gender dysphoria and the school’s requirements. U.S. District Judge Pamela Pepper, nominated to the bench by then-President Barack Obama, ruled in her favor in September 2016.

“There’s no question that Ash has already suffered harm and has had physical repercussions from the policy, as well as emotional repercussions,” she wrote.

The district appealed, and last May, the Seventh Circuit affirmed the decision, contending that boys’ restrooms have stalls and that all Whitaker needs to do is close the door on her stall.

“Common sense tells us that the communal restroom is a place where individuals act in a discreet manner to protect their privacy and those who have true privacy concerns are able to utilize a stall,” the three female judges wrote. “Nothing in the record suggests that the bathrooms at Tremper High School are particularly susceptible to an intrusion upon an individual’s privacy.”

The court also opined that because no students had complained during the six months Whitaker had used the men’s restroom, no harms had been proven.

Whitaker graduated from high school just days after the decision. As previously reported, Whitaker had previously fought her school district for prohibiting her from running for prom king. Officials relented on the matter at that time.

“Winning this case was so empowering and made me feel like I can actually do something to help other trans youth live authentically,” Whitaker said in a statement this week. “My message to other trans kids is to respect themselves and accept themselves and love themselves.”

Romans 9:20 states, “Nay but, O man, who art thou that repliest against God? Shall the thing formed say to him that formed it, ‘Why hast thou made me thus?’”


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  • Reason2012

    Now, 99+% of other students need to sue for the “harm experience as a student” for being forced to go to the bathroom and locker-room with kids of the opposite gender. They need to send a clear message to all school districts that discriminating against 99% of all students in the pretense at being against discrimination is against the law and harms students who simply want to go to school without being sexually harassed almost every day.

    • blackyb

      The public should not fund that school with taxpayer money. Have they had a vote on who uses what bathroom? If so and the fags win, then turn it into an all fag school and build another one for real victims. People better pull their heads out of their azzes as those idiots are using any and every means to disfurnish those who have built a civilized society and impose their perverted ways upon the public. Put a stop to it NOW.

    • BravesFan

      Yes, enough is enough!

    • Tonya Elise

      thank you for HATE… Christians or should i so “so-called” Christians
      love to hate. Judge not lest Ye be Judged. “let those without SIN cast
      the first stone.” ..GENDER IS NOT A SIN! TRANS people are NOT lesser human beings. and they deserve rights and SAFETY.

      • cadcoke5

        I think the topic raised here is not if seeking to be the opposite gender is a sin, but rather if other students must be forced to use facilities with the opposite gender.

        As for the sin issue, the one who invented gender is the one who gets to call the shots in regards to sinfulness of dressing as the opposite gender. In his word he spells it out pretty clearly.

      • Darin H

        Fella, get some therapy.

      • Reason2012

        It’s hate to insist little girls not be forced to be sexually harassed, not be made victims, not be put in unsafe circumstances, not be treated as lesser human beings: to not be forced to go to the bathroom and lockeroom with little boys? How so?

    • DrIndica

      I have 4 gender- neutral bathrooms and showers in my home, and nobody has been harassed or assaulted in any of them, ever.

      • Darin H

        Sounds like a barn.

        • DrIndica

          Says the man that must live in a trailer court

      • BravesFan

        It helps when you’re related to everyone who might use the bathroom. I don’t fear harassment or assault from my husband, but I don’t care to have random perverted men in my restrooms in public. Not nearly the same thing.

        • DrIndica

          A good portion of my house is for transient or homeless people to stay, so, sorry not sorry, you have no idea what you are talking about.

          • BravesFan

            And do you have multi-stall restrooms, or are they individual, for one person at a time, with a locking door?

      • Reason2012

        You walk in on each other while using the toilet or shower? No.
        One toilet, one shower is why. Little boys and little girls do not get in there at the same time to do their thing. We’re not talking about “one person at a time” bathrooms, we’re talking about bathrooms designed for multiple people to use at the same time.

  • blackyb

    Why did the hog attorney get more than the “victim.” I would think there should be laws against that in case there is a real victim.

  • BravesFan

    Living authentically would be saying you’re a girl who happens to prefer backwards baseball caps and short hair. Not pretending you’re a boy, going on dangerous puberty blockers, fake hormones, and mutilating your body.

    • Tonya Elise

      so that would make YOU a FAKE HUMAN. AND a FAKE Christian by name only.. OR they enter the other restroom and a bullied to the point of Deep depression. Thank you for hate and Not being educated in Gender and gender ID and why. and you can go on and Pretend to be a Christian.

      • cadcoke5

        I understand that by the time someone has actually come out as seeking to be the opposite gender, they have probably spent many years thinking about it. If this occurred during childhood and youth, they may emotionally scarred very deeply. It is perhaps similar to those with weight disorders. They may struggle with the problem their entire lives.

        There is help out there. God may even choose to provide supernatural emotional/physical healing to them. But, your anger and hatred is misplaced. Repent, and turn to the one who is the one responsible for giving your your body. Seek out Godly counseling, and you may avoid a great deal of emotional pain in the future.

      • BravesFan

        You know nothing about Christianity. You know nothing about me. You know nothing about what I do or don’t know. Just stop the trolling.

  • sammy13

    Amazing. The lawyers got more money than the aggrieved victim. That is two things wrong here and both are self evident.

  • TheSayer

    Thanks to these transgenders next on the menu will be “transagers” ,70 year old identifying as a 10 year old meaning pedophiles will have a field day.

    • ppp777

      That’s why they need to be put down .

      • Tonya Elise

        you need to be “put down” for having for much HATE.

        • ppp777

          The truth hurts .

    • Tonya Elise

      90% is ALL Pedophiles are Heterosexuals .. that that would mean you as well ??? Fake Christian , i think maybe you are. God’s LOVE loves all NO matter what Gender you are or what gender you ID with.

      • BravesFan

        No… try reading the actual Bible. Cover to cover. More than once. In a decent translation, not “The Message.”

  • meamsane

    The school should have gone on to the appeal. I think they would have won.
    Title IX says in regards to discrimination is…on the basis of sex, I.E. Male or female. It says nothing of gender identity etc. The objective fact is that this is a GIRL NOT A BOY. I would have liked to see this girl attempt to prove that she was in fact, a boy, subjective internal perceptions not withstanding.

    The equal protection clause of the 14th Amendment does not mean that there are not to be any distinctions between boys and girls. Since a girl can use the girls restroom anytime she wants, there is no discrimination here on the basis of this Amendment. Requiring this girl to use the girl’s restroom is not an unreasonable requirement since this has been the practice throughout all our history and it is proper decorum and decency for all involved.

  • bowie1

    Is it because she prefers boys interests that she believes she is a boy in a girls body? If that is so I hardly think that makes her something else than what she thinks she is.

  • Chet

    Coming into that kind of money without work and no risk involved, for what? The decision is utter lunacy and beyond disgraceful taking taxpayer’s money and doling it out for such foolishness. Then again, it’s always easy to give away money that’s not yours and liberals/leftists are masters at this gimmick.

    • Tonya Elise

      IT IS NOT A LIBERAL/leftist issue It is a Human rights Issue. So many Fake christians filled with hate.

      • DrIndica

        Many on this site do not know the real meaning of the word “liberal”, but apparently lacking the capability of critical thought, they use it in a pejorative sense to maintain their us versus them mentality.

      • John57075

        It is a liberal leftist issue. It’s not a human right for biological men to invade women’s spaces nor is it a human right for biological women to invade men’s spaces. Women are the vulnerable ones of the two. Ever wonder why women mostly get assaulted and raped by those they know? GEE, maybe it’s because the laws already in effect HELP WITH THAT! You don’t care about anyone but your own interests and those just like you so spare me the feigned concern for humanity. That is how baphomet rolls and you’re rolling with baphomet.

      • Chet

        It’s a lunacy issue for sure… Taxpayer’s money used to effect one’s given purpose, no…

  • Yahweh, God of the Bible, is always true to His Word:

    “The stranger [in this instance, the transgenders] that is within thee shall get up above thee very high; and thou shalt come down very low. He shall lend to thee [or win huge settlements], and thou shalt not lend to him: he shall be the head, and thou shalt be the tail. Moreover all these curses shall come upon thee, and shall pursue thee, and overtake thee, till thou be destroyed; because thou hearkenedst not unto the voice of Yahweh thy God, to keep his commandments and his statutes [including Leviticus 18:22, 20:13, and Deuteronomy 22:5] which he commanded thee.” (Deuteronomy 28:43-45)

    For more on how Yahweh’s immutable moral law applies and should be implemented today, see free online book “Law and Kingdom: Their Relevance Under the New Covenant.” Click on my name, then our website. Go to our Online Books page and scroll down to title.

    Then “A Biblical Constitution: A Scriptural Replacement for Secular Government.”

  • Artyom K

    Good for him!

    • ppp777

      Do everyone a favour and go to hell where you belong .

      • Tonya Elise

        JUDGE NOT LEST YE BE JUDGED.. You are already on you way, fake Christian with so much hate is NOT Christ-Like not Christian. Let those without SIN cast the first stone”

        • ppp777

          Yawn .

        • John57075

          Tonya, you came in here judging. Follow your own advice. It is not hateful to use common sense. It is also not hateful to have boundaries. Women are the ones not being asked if it’s okay for biological males (most will not have gender reassignment surgery) to enter their spaces. Instead, you see many trans whacktivists harming females if they dare try to speak their mind. Most of these men look like men but claim to be transgender! Your identity does not trump reality. Get a clue and leave Christians alone. That goat man with breasts is your leader.

    • Darin H

      It’s a girl.

  • ppp777

    That reprobate needs to be put down .

    • Enniscorthy

      Are you advocating death???

      • ppp777

        What do you think .

        • Enniscorthy

          It sounds like you are.

    • Tonya Elise

      JUDGE not lest ye be judged. Thou shall Not Murder. yes, Murder is the it. is the real translation. in most English Bibles it is mistranslated.

  • Garden of Love

    A way for lawyers and misfit kids and their maladjusted parents to make some easy money. Very sad. If you’re doing your parental duty, you are not training your kid to play the victim game, you’re training him to be a success in life, not necessarily by making money but by being a good person, which is an option open to all human beings. This kid is never going to learn that you have to earn respect and self-respect, you don’t demand it.

  • Earl Pearl Haskins

    This is exactly the problem in this country. Our laws encourage more and more stupidity. It’s 99.9% guaranteed that a simple medical test would reveal SHE still has “XX” chromosomes, NOT “XY,” regardless of what SHE prefers to call HERSELF. And what if SHE gets a sex change? SHE will still have “XX” chromosomes! You will ALWAYS be what God made you to be, even if you change your plumbing!

  • Craig Ewoldt

    This is extortion. What school district will now disallow any sexual orientation demand that any student may make? It will be more dangerous for females who are intruded on by males.

  • Dianne

    God help us with the insanity of rewarding MENTAL ILLNESS. As in the days of Noah….Matthew 24:37-39

  • WesTexan

    Deuteronomy 22:5. “The woman shall not wear that which pertains to a man, neither shall a
    man put on a woman’s garment: for all that do so are abomination to the LORD your God.”

    1 Corinthians 6:9. “Or do you not know that the unrighteous will not inherit the kingdom of
    God? Do not be deceived; neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor homosexuals,…”

    1 Timothy 1:10. “… and immoral men and homosexuals and kidnappers and liars and perjurers, and whatever else is contrary to sound teaching,”

  • WesTexan

    Deuteronomy 22:5. “The woman shall not wear that which pertains to a man, neither shall a man put on a woman’s garment: for all that do so are abomination to the LORD your God.”

    1 Corinthians 6:9. “Or do you not know that the unrighteous will not inherit the kingdom of God?
    Do not be deceived; neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor homosexuals,…”

    1 Timothy 1:10. “… and immoral men and homosexuals and kidnappers and liars and perjurers, and whatever else is contrary to sound teaching,”

    • Dianne

      Amen! ?

    • Lemmylemon

      Amen!!!
      Infinity upvotes

  • Lemmylemon

    You can see a cotton ball on a donkeys but.
    Doesn’t make it a rabbit.

    • Dianne

      Lol ? thanks for the chuckle Lemmylemon. I needed that.
      Blessings of joy! ??

      • Lemmylemon

        At this point I would have an easier time acknowledging Mel Gibson and the beaver than this nonsense.
        At least puppets don’t violate God’s law.
        Or do we now need to charge a ventriloquist with sodomy?

        • Dianne

          Lol, ?? I love your sense of humor. Blessings ?

  • MaryWaterton

    Trump cannot undo what Obama did all by himself. He needs the help of CHRISTIANS.

  • BobInBpt

    What a ridiculous waste of taxpayer dollars. Give this idiot a plastic urinal to pee in ! She should be able to insert her penis into it easily !!!!!

  • patrick sain

    extortion is a crime and no you don’t have the right to use the other genders bathroom Obama Dirty dealing that garbage for you this is really sick that their trying to push this garbage on kids this is child abuse practically