Wisconsin school district must let biological male student use girls' bathroom, judge rules
A federal judge has blocked a Wisconsin school district policy prohibiting students from using bathrooms intended for members of the opposite sex in response to a lawsuit filed by the mother of an 11-year-old trans-identified boy.
Judge Lynn Adelman of the U.S. District Court for the Eastern District of Wisconsin issued the temporary restraining order last Thursday prohibiting the Mukwonago Area School District from enforcing Policy 5514 - Student Privacy in Restrooms and Locker Rooms. The school board unanimously passed the policy on June 26.
"The District will continue to defend Policy 5514 in the interest of protecting the safety, privacy, and wellness of all students," Superintendent Joe Koch said in a statement. "We will also continue to keep the community informed as this case proceeds through the litigation process."
Get Our Latest News for FREE
A school district spokesperson directed The Christian Post to Koch's statement from earlier this month.
"Our School Board is committed to the safety, privacy and wellness of all students and will vigorously defend its position on these matters," the superintendent asserted.
As outlined in the order, the mother of an 11-year-old boy who identifies as a girl filed a lawsuit on behalf of her son. Adelman, appointed to the bench by former President Bill Clinton, noted that the student has identified as female since age 3 and has "used the girls' bathroom at school since moving to the district and beginning third grade."
In addition, the student has "participated with girls in gender-separate school activities." The order maintains that Koch told the student's mother on June 16 that the student would be "required to use either the boys' bathroom or a gender-neutral bathroom at the school," adding, "defendants have begun enforcing this policy against plaintiff."
Under the district's bathroom policy, students must use the bathroom or locker room that aligns with their biological sex, with some exceptions permitted on a "case-by-case basis." School staff and officials, as well as the student's parents, must consult each other about the potential accommodations. According to the restraining order, the district's bathroom policy has negatively impacted the 11-year-old student's mental health.
The court cited a previous ruling from the U.S. 7th Circuit Court of Appeals, concluding that 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." Adelman believes that the plaintiff is likely to succeed on the merits of the case.
The 7th Circuit ruled that a gender-neutral option is not "sufficient," adding that the policy itself violates Title IX, a federal law that prohibits discrimination on the basis of sex.
In recent years, parents have expressed concern about the prevalence of LGBT ideology in public school districts, ranging from policies allowing trans-identified students to use bathrooms and restrooms that correspond with their gender identity as opposed to their biological sex as well as the embrace of LGBT ideology in the curriculum. In response to such concern, policies requiring students to use bathrooms that align with their biological sex have become more common in conservative districts and states.
A study published by the Defense of Freedom Institute for Policy Studies in February found at least 3 million K-12 students are enrolled in public school districts where they can change their name and preferred pronouns to reflect their chosen gender identity without parental consent.
The report, authored by former U.S. Department of Education Press Secretary Angela Morabito, analyzed policies from 20 of the nation's largest school districts as determined by a 2018 list in the Digest of Education Statistics.
Samantha Kamman is a reporter for The Christian Post. She can be reached at: samantha.kamman@christianpost.com. Follow her on Twitter: @Samantha_Kamman
