Federal judge temporarily stops Mukwonago schools’ anti-trans bathroom policy

by | Jul 6, 2023 | 0 comments

On July 6th, 2023, a federal judge temporarily stopped Mukwonago Area School District from enacting a new policy that would have required students to use the restroom and locker room facilities matching the sex they were assigned at birth, and would have denied transgender and other gender nonconforming kids the ability to use the facilities that match their outward expression or identity. The judge issued this temporary restraining order against the district after an 11 year old transgender student and her mother filed a lawsuit when the district did not allow the student, who identifies as a girl, to use the girls’ restroom, and instead told her she either needed to use the boys’ bathroom, or “a single-occupancy purportedly gender-neutral restroom,” threatening disciplinary action if she did not do so during summer school. This order is meant to be a stay while the suit goes through the courts.

According to the Milwaukee Journal Sentinel, the judge who granted the order, U.S. District Judge Lynn Adelman, wrote in his decision, “The court held, among other things, 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 further held that, ‘[p]roviding a gender-neutral alternative is not sufficient to relieve the School District from liability, as it is the policy itself which violates [Title IX].’ These holdings give plaintiff a likelihood of success on her claims.” He continued that the Whitaker case, a case involving a transgender student in Kenosha and allowed him to use the boys’ bathroom according to his identity, meant that this lawsuit is likely to succeed. Adelman also said, according to the MJS, that “the student in the Mukwonago case will “suffer significant irreparable harm without a temporary restraining order.”’

MKE Pridefest 2024 - block
DCHS Wildlife Center
Quigley

In the lawsuit, the student and her mother laid out the issues with the policy as it is. Not only does it discriminate against transgender kids, but the bathrooms that the student was offered use of, either the boys’ or single-occupancy, were either far enough away from her class that it would have caused her to miss an unnecessary amount of class time. She continued that the single-occupancy bathrooms were typically only used by the staff members, and were in places not normally accessible by students. Using them would have caused, she feared, other students to question why she was forced to use them, potentially outing her to her peers without her consent.

For his part, Joe Koch, the superintendent of the Mukwonago Area School District, told the Milwaukee Journal Sentinel that “the Mukwonago Area School District will continue to defend its restroom and locker room policy “in the interest of protecting the safety, privacy and wellness of all students.”’

Article Tags

Milwaukee Pridefest 2024
National Women\'s Music Festival

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

National Women\'s Music Festival
Milwaukee Pridefest 2024

Latest News

Love Strikes

Love Strikes

GSAFE youth Bri Hudson on coming to terms with being a lesbian and adjusting to a new school.

Are You a Friend of Sandy Brown?

Are You a Friend of Sandy Brown?

Army veteran Sandy Brown is a former Vice President of PFLAG’s National Board and a recipient of the PFLAG Starr Award as well as the Door County’s Ann Kok Social Justice Award.

Delta Means Change

Delta Means Change

Delta Beer Lab has done their best to take the high road, as economic pressures challenge business to find a new way,
by making changes that still serve their mission and values.

Growing, Together

Growing, Together

After 25 years together, Pam Mehnert and Lisa Malmarowski reflect on the decades of LGBTQ setbacks and progress they’ve expereinced in Wisconsin.

Hard Work

Hard Work

Crossroads Community Farm organic farmer Cassie Wyss talks about becoming a farmer and a member of the LGBTQ community later in life.

Madison Queer Bike Ride

Madison Queer Bike Ride

Organizer Zach Johnson shares about a meetup in Madison’s Law Park. The ride specifically welcomes all bodies, including new or infrequent bikers, on the second Wednesday of every month at 6:00 (weather permitting).

Queer Climbing Social

Queer Climbing Social

Co-chair Becca Ridge (she/her) and Co-host SJ Hemmerich (they/them) on a monthly meetup at Boulders Climbing Gym’s two locations in Madison.

Professor Profile: Finn Enke

Professor Profile: Finn Enke

UW-Madison professor and artist Finn Enke (he/they) talks about his upcoming memoir and graphic essay collection, prioritizing tenure over transition, and being the only openly trans faculty member in 2011.

Latest News

VIEW ALL LATEST NEWS

MKE Pridefest 2024 - block
Quigley
DCHS Wildlife Center

Events

SUBMIT AN EVENT

VIEW ALL EVENTS

Jobs

SUBMIT A JOB POSTING

VIEW ALL JOBS

Popular Tags

Pin It on Pinterest