Wisconsin Transgender Student Sues School District in Federal Court

WISCONSIN -- A transgender high school student has filed a federal lawsuit, accusing the Kenosha Unified School District of multiple civil rights violations.

The lawsuit alleges that 16-year-old Ashton Whitaker, who was identified as a female at birth, but now identifies himself as male, was discriminated against him in the following ways:

• - School administrators allegedly asked him to wear a bright green bracelet in order to identify his status as transgender. Whitaker was reportedly asked to wear it as a matter of policy after he was instructed to use the girls restroom instead of the boys.
• - Whitaker was isolated from other students during an orchestra camp trip, when he was not allowed to stay in overnight rooms with fellow male students. Whitaker was given the choice to stay in one of the girls' rooms or stay alone in a suite apart from fellow students. Whitaker, according to to the lawsuit, chose to stay alone because he felt uncomfortable rooming with female students.
• - Whitaker informed school officials that transgender students are protected under Title IX and can use the restroom in accordance with their gender identity, however school officials denied her rights under Title IX and refused to give any explanation for it, the lawsuit alleges.
• - The lawsuit also claims that some of Whitaker's teachers did not use the proper pronouns when addressing the student and had security guards instructed that he used the “right” bathroom.

Kenosha Unified School District Chief Communications Officer Tanya Ruder released the following statement to Milwaukee media this week:

Kenosha Unified was recently made aware of the lawsuit filed against the District alleging discrimination against a transgender student. The District and its legal counsel are reviewing the complaint and all of the allegations asserted in the complaint. Even a cursory review of the complaint shows that some of the factual allegations are patently false. The District does not have a practice or policy requiring any student to wear a wristband for monitoring any purpose or for any reason whatsoever. The District has worked diligently with transgender students and their families to address their unique needs and accommodations, including the family named in the suit.

Whitaker previously made headlines when a conflict developed over his desire to be the prom king and the school refused. School officials said he had to run for prom queen instead.

"My principal rejected that, saying I am not a boy," he said at the time.

Students rallied on Whitaker's behalf and district officials talked over the matter. After district-level discussions, officials allowed Whitaker to run for prom king.