A school district in Wisconsin was prohibited this week by a federal court judge from imposing its newly instated bathroom policy and will be forced to allow a transgender student to use the girls' bathroom.
On Thursday, Judge Lynn Adelman in the Eastern District of Wisconsin issued a temporary restraining order (TRO) blocking the Mukwonago Area School District from "enforcing against plaintiff any policy, practice, or custom that denies plaintiff access to girls' restrooms at school and school-sponsored events; and taking any formal or informal disciplinary action against plaintiff for using girls' restrooms at school and school-sponsored events," local news station WTMJ-TV reported.
In a statement, a member of the student's legal team told Newsweek on Friday that "we are very pleased that the court recognized so clearly that out client's right were being violated and that immediate action was needed to protect her. We hope this gives her a chance to enjoy the rest of her summer program and look forward to defending this victory as the litigation continues."
According to the TRO reviewed by Newsweek, the student, who was not identified by name, is an 11-year-old transgender girl that was designated as a male at birth. The TRO also states that the student has been using the girls' bathroom within the school district since the third grade and is currently an incoming sixth grade student.
The ruling came shortly after the Mukwonago Area School District passed a new bathroom policy on June 26, which required students to use bathrooms and locker rooms consistent with the gender they were assigned at birth.
The school district policy states that while the students are required to use the specific bathrooms associated with their birth-assigned gender, staff members in the district will be able to consider parent or student exception requests on a "case-by-case basis," the Milwaukee Journal Sentinel reported.
"All decisions related to such requests will take into consideration the safety and privacy of all students," the policy said, according to the newspaper.
However, the TRO states that the student, who was designated as Jane Doe #1, is currently attending summer school and was informed by district staff that she would need to use the boys' bathroom or a gender neutral bathroom. The student's legal team argued that the bathroom policy violates provisions under Title IX.
According to the U.S. Department of Education, Title IX states that no person in the U.S. "shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
"Moreover, plaintiff will suffer significant irreparable harm without a temporary restraining order. Defendants have begun enforcing the policy against plaintiff and are currently causing her to experience emotional and mental harms," the TRO said, adding that if the restraining order is granted, the school district and Superintendent Joe Koch "will not suffer significant harm."
Adelman also wrote in the TRO that the school district offering gender-neutral bathrooms as an alternative was not sufficient enough to relive the district from its Title IX violations.
The student's mother told Newsweek in a statement on Friday that she was "heartbroken" to see the "ongoing discrimination" her child was facing at the school.
"No student should have to endure consistent invasions of their privacy and have their well-being threatened. MASD superintendent Joe Koch and the school board are targeting an eleven-year-old child, and that is disgusting. They continue to defend this transphobic bathroom policy without considering the ongoing harm it inflicts on their own students," the mother, who did not want to identified, said.
She continued: "The court's quick action allowed me to breathe a small sigh of relief, and I hope we can continue to give my daughter that relief. I'm hopeful the court's actions will prompt the school district to reflect and reconsider its behavior."
Koch directed Newsweek to a message sent out to families and community members responding to the TRO which said, "The District will continue to defend Policy 5514 in the interest of protecting the safety, privacy, and wellness of all students. We will also continue to keep the community informed as this case proceeds through the litigation process."
Neama Rahmani, the president of West Coast Trial Lawyers and former federal prosecutor, told Newsweek that questions surrounding transgender people and the use of bathrooms aligned with the gender they identify with has become a "hot button political issue."
"The question of gender identity and whether it is protected under Title IX and the Constitution is relatively new. Though federal law generally prohibits sex discrimination in education, the law here is unsettled and probably will be until the Supreme Court gets involved," Rahmani said.
Over the past several months, transgender rights have been a topic of discussion for many and a recent poll conducted by Redfield and Wilson Strategies on behalf of Newsweek found that 42 percent of respondents said transgender issues received too much media coverage while 19 percent said they needed more coverage. The poll also found that 45 percent of respondents said they support transgender rights while 39 percent said the opposite.
Update: 7/7/23, 4:04 p.m. EST: This article has been updated to include a statement from the student's mother.
