Kenosha district appealing ruling allowing transgender student to use boy's bathroom

Posted at 6:50 PM, Sep 21, 2016

KENOSHA -- The Kenosha Unified School District is in the process of filing an appeal against a federal judge's ruling that allows a transgender student to use the boy's bathroom.

As of now, the ruling only allows the plaintiff to choose which bathroom he uses, but some feel the decision could impact transgender students statewide.

The first day of class after the policy change brought mixed emotions for parents in line to pick up their kids from Tremper High School.

"I think it’s great that he made that push to do it, although I can understand the school’s feelings about it too," said parent Louise Loy.

"I just feel like as long as it doesn’t bother anyone else then hey, why not?" said parent Christina Long.

Kenosha Unified Schools asked Whitaker not to use the boys bathroom at Tremper High School - one of the reasons he sued the district for discrimination.

On Tuesday, a federal judge blocked the Kenosha Unified School District from barring Ash Whitaker from using the boy's bathroom. Whitaker was born female but identifies as a male.

"Right now the state law is very, very unclear on this," said former U.S. Attorney Jeff Wagner.

Wagner says the ruling makes a statement, and not just to Kenosha.

"What you have is a federal district judge who's essentially issued a ruling applying to this district and sets a precedent for other Wisconsin schools," he said.

"I think it’s just like the slippery slope," said Loy. "You get one and everybody else, so that’s why I totally understand where the school’s coming from."

A district spokesperson says other transgender students would have to go through the same process as Whitaker to be allowed to use the bathroom of their choice.