A Wisconsin school district is asking the U.S. Supreme Court to decide whether school policies that require transgender students to use restrooms corresponding to their biological sex violate Title IX or the U.S. Constitution.
The Kenosha school district last month appealed a federal appeals court ruling in May that upheld an injunction requiring school officials to allow a transgender high school student to use the boys’ restroom. The appeals court said the district’s policy likely violated 17-year-old Ashton Whitaker’s rights under Title IX of the Education Amendments of 1972 and the 14th Amendment’s equal-protection clause.
The Supreme Court granted review of a case out of Virginia last term, but it sent the case back to a lower court after the Trump administration rescinded guidance that had interpreted Title IX as requiring schools to allow transgender students to use the restrooms that correspond to their gender identity.
