The case involves a now-graduated Kenosha Tremper High School student. Ash Whitaker is a biological female who wanted to identify as a male and began doing so in middle school. School officials ultimately denied Ash permission to use the boys’ restroom but made available to her a single-user facility. The school also did not allow her to run for Prom King in her junior year. Using a Transgender Rights group and sympathetic attorneys, Whitaker sued the school district in federal court on the grounds of sex discrimination.
In September, 2016 U.S. District Judge Pamela Pepper granted this now 17-year-old high school senior permission to use the boys’ bathroom at the high school. Kenosha Unified School District appealed the ruling to the US 7th Circuit Court of Appeals, arguing that the harm to ot ...