Milwaukee---For Tremper transgender teen Ash Whitaker, the new school year began the way the old one ended: Another conversation with school officials on bathroom usage.
"We understand from Ash's mom that he was pulled out of class during calculus to discuss his restroom use," said Whitaker's attorney, Joseph Wardenski, speaking outside of federal court late Tuesday afternoon. "We understand that (school officials) reaffirmed their existing policy and their expectation that he not use the boys' restrooms this year."
Is he going to abide by the prohibition? "We don't know--that's up to him," Wardenski said after hesitating.
Whitaker objects to being singled out and told that he has to use single occupancy restrooms, saying that at times they're not handy. Besides, Whitaker argues, they're just not necessary since he's a boy, period.
The school district points to Whitaker's birth certificate and is fighting attempts by the student's attorneys to force the district to allow him to use the bathrooms of his gender identity.
An hours’ worth of arguments took place in Judge Pamela Pepper’s courtroom Tuesday on a lawsuit filed by Whitaker, with another half hour for questions put forth by the judge to both attorneys.
Pepper gave no hints as to which way she'll go on the school district's request to dismiss Whitaker's suit.
With time running out before the federal courthouse would be locked down for the day, Pepper said she’ll rule from the bench a week from Monday.
If the suit remains alive, the next issue before the judge is Whitaker's request for a temporary injunction against the district.
In court Tuesday, the attorneys vigorously disagreed on whether current case law supports their respective positions.
Whitaker's suit--and others like it around the country--may very well be decided once and for all in the coming months by the U.S. Supreme Court.
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