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Kenosha Unified School District v. Whitaker

Case Concerning Restroom Access for Transgender Students

Key Date: January 10, 2018 • Case Settled
Legal Team: Transgender Law Center
Type: Transgender Student Cases

Case Overview:

Kenosha Unified School District v. Whitaker is a case concerning discrimination based on gender identity or expression in schools. Kenosha Unified School District in Wisconsin is refusing to respect the gender identity of transgender students, including Ash Whitaker, a transgender boy who graduated in June 2017.

This case is about respecting transgender students for who they are and is a part of the growing legislative and legal momentum against restricting restroom access for transgender Americans.

The case is being led by the Transgender Law Center.

Latest in the Case:

In May 2017 the U.S. Court of Appeals for the 7th Circuit issued an opinion affirming a preliminary injunction in the case of Whitaker v. Kenosha Unified School District. In the ruling, a 3-judge panel of the federal appellate court affirmed that the school district must allow Ashton Whitaker, a transgender boy in Wisconsin, to use the boys’ restroom.

The court’s opinion made the 7th Circuit the highest court ever to decisively find that Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex, extends to transgender students. The panel also found that the school district’s treatment of Ash violates the Equal Protection Clause of the United States Constitution.

On August 25, the school district officially filed its petition for review from the U.S. Supreme Court.

On January 10, 2018, the parties reached a settlement agreement, bringing an end to the case.

Last Updated February 6, 2018

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