Whitaker v. Kenosha Unified School District No. 1. Board of Education

Ash Whitaker, diagnosed with Gender Dysphoria, was told his school would let him use only the girls' or a separate gender-neutral restroom; fearing that this would undermine his transition and stigmatize him, he used the boys' restroom without incident for nearly six months until reported, after which the school subjected him to monitoring and meetings and offered only distant gender-neutral bathrooms, drawing further stigmatizing attention. His mother (plaintiff) sued the school board (defendant) for a preliminary injunction, presenting expert and medical testimony that the restriction worsened his suicidal ideation and psychological distress; the district court granted the injunction, and the school board appealed.

Whether a school's policy refusing to allow a transgender student to use the restroom matching his expressed gender identity violates Title IX and the Equal Protection Clause, warranting a preliminary injunction.