The complaint in Whitaker v. Kenosha Unified School District No. 1 Board of Education alleges that KUSD’s policy of denying Ash access to the boys’ restrooms and other discriminatory actions—including school administrators’ insistence on using Ash’s birth name and female pronouns, the school’s repeated isolation of Ash from his peers on overnight school trips, and a proposed policy to require transgender students to wear green wristbands or stickers—violate Title IX of the Education Amendments of 1972 and the Equal Protection Clause of the U.S. Constitution.
Yes! I am thrilled to see this happen. I have been sick over this situation. I am so glad the courts have ruled this way. As a parent with a gender-fluid child, I have been sick with worry about where things were headed. Thank you Wisconsin for doing the right thing and putting a stop to the hate. Congratulations, Ash!
U.S. District Judge Pamela Pepper read her decision aloud from the bench, holding that Ash would continue to suffer irreparable harm if KUSD continued to deny him access to the boys’ restroom during his senior year. In her decision, Judge Pepper explicitly recognized the emotional, psychological and physical harm Ash has endured under KUSD’s discriminatory policy and the importance to transgender people of being treated in accordance with their gender identity.
One more court on the side of right, on the side of good.
On a personal note: I am so thankful right now, you have no idea. My youngest has been having issues at school thanks to a principle that just can’t grasp gender-fluid, but this gives me hope that we can get the powers that be to back the child and do what’s right. I have a precedent to throw at them now.