KENOSHA- On Tuesday a three-judge panel ruled that a transgender high school student in Kenosha can continue to use the mens’ restroom. Voting unanimously, the three judges of the 7th Circuit U.S. Court of Appeals rejected Kenosha Unified School District’s argument that Ashton Whitaker’s presence harmed other students. In an amazing victory for the transgender community, the court upheld Ashton’s right to equal treatment before the law.
The Transgender Law Center reports:
In this landmark decision, the unanimous three-judge panel held that transgender students are protected from discrimination under Title IX of the Education Amendments of 1972 (Title IX) and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The court agreed with the lower court’s conclusions that Ash was harmed significantly by the Kenosha Unified School District’s discriminatory practices that singled him out from other students and that KUSD failed to provide more than “sheer conjecture” that permitting Ash to use the boys’ restrooms would harm anyone. The court wrote:
“The School District has failed to provide any evidence of how the preliminary injunction will harm it, or any of its students or parents. . . . , whereas the harms to Ash are well-documented and supported by the record.” The court further described the school district’s actions as “arbitrary” and in violation of Ash’s Constitutional rights.
With this decision, the Seventh Circuit (which covers Wisconsin, Illinois, and Indiana) is the first federal appeals court to find conclusively that a transgender student has the right to be treated in accordance with the student’s gender identity at school under both Title IX and the Constitution. Notably, it is also the first decision to reach that conclusion without reliance on the Obama Administration’s guidance on schools’ Title IX obligations to transgender students, which the Trump Administration rescinded in February.
“I am thrilled that the Seventh Circuit recognized my right to be treated as the boy that I am at school,” said Ash. “After facing daily humiliation at school last year from being threatened with discipline and being constantly monitored by school staff just to use the bathroom, the district court’s injunction in September allowed me to be a typical senior in high school and to focus on my classes, after-school activities, applying to college, and building lasting friendships.