Ash Whitaker is a transgender student in the Kenosha, Wisconsin school system. Today, the 7th Circuit Court ruled in his favor, saying both Title IX and the 14th Amendment cover transgender people and Ash must be allowed to use the boy’s bathroom without punishment or surveillance by school staff.
Title IX prohibits discrimination based on gender, which is now expanded to include gender expression and identity. The 14th Amendment is the one about equal protection.
The court wrote that the school district did not provide evidence on how allowing Ash to use a boy’s bathroom would harm the staff, other students, or parents. But the harms to Ash were well documented.
This ruling covers all schools in the 7th Circuit, which covers Indiana, Illinois, and Wisconsin.