Milwaukee---A federal judge has refused to throw out a lawsuit that was filed on behalf of a transgender student at Tremper High School who alleges that he's the victim of illegal discrimination because he's been prohibited from using the bathroom of his gender identity.
Speaking from the bench, Judge Pamela Pepper ruled Monday afternoon that enough uncertainty exists in current law to give the plaintiffs a "plausible" chance of success.
It's the first legal hurdle to be cleared by Ash Whitaker, who was born a girl but now considers himself to be a boy.
The suit alleges that the district is violating the Equal Protection Clause of the U-S Constitution and Title 9 by refusing to allow Whitaker to use boy's restrooms. The suit also alleges that some school personnel have refused to accept Whitaker's gender identity by continuing to refer to him as a 'she' and not as a 'he.' A third issue was dropped from the table Monday after one of Whitaker's attorneys conceded that the district was not requiring transgender students to wear green wristbands in order to more easily track their movement through school.
Attorneys for both Whitaker and the district are expected to be back in court Tuesday afternoon for oral arguments on Whitaker's request for a preliminary injunction. It's a much higher legal standard for the plaintiffs to clear.
Several other cases of bathroom usage by transgender students are making their way through the courts around the country. The U.S. Supreme court is expected to decide this fall whether to take up the matter.
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