Pro-transgender activists claimed another victory this week. A federal appeals court ruled Tuesday that a transgendered Wisconsin high school student who identifies as a male can use the boys’ restroom.
17-year-old Ash Whitaker was catapulted into notoriety after alleging that his school violated his rights by forcing him to use the bathroom that aligns with biological rather than his preferred sex. The court’s landmark decision will be used as ammo to further the left’s radical agenda.
“Other courts, as they will be grappling with these same issues, will hopefully find the 7th Circuit’s decision very persuasive as they look to answer these questions elsewhere,” Joseph Wardenski, a Washington lawyer representing Whitaker, said.
Many Americans will likely be uncomfortable with what the court’s ruling entails. The Obama administration forced school districts to cater to transgender students’ demands, a decision that was immediately repealed by President Trump.
Vulnerable students deserve to be protected from potentially violent situations. Young girls may feel uncomfortable using a restroom with biologically male students. School bathrooms shouldn’t be unisex. They’re the sole areas on campus that cannot be filmed.
“This powerful decision — another in a growing list of rulings affirming the constitutional rights of transgender people — helps Ash and tens of thousands of students like him get the same opportunity to learn as any other student,” National Center for Transgender Equality executive director Mara Keisling said in a statement. “It recognizes that fully respecting and including transgender students like Ash Whitaker is legally and morally the right thing to do and that discrimination against these young people because of who they are is cruel, wrong and illegal.”
Respecting students like Whitaker doesn’t mean that schools have to ignore other students’ discomfort. Transgender activists, however, also eschew unisex and single-stall bathrooms in schools. Whitaker desires more than just to be free of the women’s bathroom; he wants to use the male bathroom just like if he were a regular boy.
“After facing daily humiliation at school last year from being threatened with discipline and being constantly monitored by school staff just to use the bathroom, the district court’s injunction in September allowed me to be a typical senior in high school and to focus on my classes, after-school activities, applying to college, and building lasting friendships,” Whitaker said.
“I hope my case will help other transgender students in Kenosha and elsewhere to just be treated the same as everyone else without facing discrimination and harassment from school administrators.”
How did gaining national attention translate into less bullying, or being a “typical” senior? Transgender children don’t need special rules. Allowing girls to feel safe at school doesn’t qualify as impinging on LGBTQ rights.
“For nearly six months, Ash used the boys’ bathroom while at school and school-sponsored events without incident or complaint from another student,” the court wrote. “It was only when a teacher witnessed Ash washing his hands in the restroom that his bathroom usage once more became an issue in the school district’s eyes.”
The school didn’t ask Whitaker to change his identity, nor did administrators prevent him from expressing himself. School bathroom rules have previously been decided based on biology. Transgender activists are the ones desiring the school to change.
“That finding has incredibly huge implications, in both the Seventh Circuit and nationally,” said Anthony Michael Kreis, a professor at Chicago-Kent College of Law. “Indiana schools and any school in the Seventh Circuit is on notice that the Seventh Circuit is not going to treat their case favorably. The writing is on the wall that transgender discrimination is not palatable if the school district wants to defend these policies.”