MUKWONAGO, Wis. — A Wisconsin federal court judge ruled in favor of an 11-year-old transgender girl in a lawsuit against the Mukwonago Area School District's (MASD) bathroom policy.
According to court documents, Judge Lynn Adelman granted a temporary restraining order prohibiting the school district from implementing its bathroom policy against the student.
The policy was unanimously approved by the school board on June 26.
The "Student Privacy in Restrooms and Locker Rooms" policy says in part, "The Board believes students should feel safe and secure in the school environment, and the Board respects their right to privacy as it pertains to the use of District facilities. To that end, except as otherwise required by law, students shall use restroom and locker room facilities on District property and at District-sponsored events according to each student's sex assigned at birth."
The policy also says that student or parent requests for an exception or accommodation would be considered on a "case-by-case basis." It would be reviewed by "a team of District staff on a case-by-case basis in consultation with the student, the student's parents, the Director of Student Services, the school psychologist, the school counselor, the classroom teacher, the building principal, and any other individuals the District deems appropriate."
MASD's Superintendent Joe Koch sent a letter to the school district's community stating in part, "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."
The order says the student has "identified as female since the age of three" and has "participated with girls in gender-separate school activities." The student has also, according to the order, "used the girls' bathroom at school since moving to the district and beginning third grade."
However, the order claims that on June 16, Koch told the student's mother that the student would be "required to use either the boys' bathroom or a gender-neutral bathroom at the school."
The court found 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.” The court also found that providing "a gender-neutral alternative is not sufficient to relieve the School District from liability, as it is the policy itself which violates [Title IX]."
TMJ4 News has reached out to MASD but is yet to hear back.
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