Whitaker v. Kenosha Unified School District No. 1 (USA)


In a decision released May 31, 2017, the U.S. Court of Appeals for the Seventh Circuit ruled in favor of Ash Whitaker, a female student at Kenosha Unified School District who identifies as a transgender boy.  The suit alleges the school district discriminated against Whitaker on the basis of “his sex, gender identity, and transgender status” in violation of Title IX of the US Education Amendments of 1972 (“Title IX”) by refusing to allow Whitaker to use “the school restrooms corresponding to his gender identity.”  The court upheld the lower court’s ruling in favor of Whitaker, keeping “in place a district court’s preliminary injunction halting enforcement of the Kenosha Unified School District’s policy against the student, Ash Whitaker.”

According to the court, “[a] policy that requires an individual to use a bathroom that does not conform with his or her gender identity punishes that individual for his or her gender non-conformance, which in turn violates Title IX.”

Whitaker v. Kenosha Unified School District — decided May 30, 2017

Federal Appeals Court Rules In Favor Of Transgender Student — BuzzFeed

Appeals Court: Discrimination Against Trans Students Is Likely Illegal — Slate

Whitaker v. Kenosha Unified School District No. 1 (USA) — Gender Identity Watch