WHITAKER v. KENOSHA UNIFIED SCHOOL DISTRICT

No. 16-3522.

858 F.3d 1034 (2017)

Ashton WHITAKER, BY his mother and next friend Melissa WHITAKER, Plaintiff-Appellee, v. KENOSHA UNIFIED SCHOOL DISTRICT NO. 1 BOARD OF EDUCATION, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 30, 2017.


Attorney(s) appearing for the Case

Robert Theine Pledl , Attorney, Pledl & Cohn, Milwaukee, WI, Joseph John Wardenski , Sasha M. Samberg-Champion , Attorneys, Relman, Dane & Colfax PLLC, Washington, DC, Shawn Thomas Meerkamper , Ilona M. Turner , Attorneys, Transgender Law Center, Oakland, CA, for Plaintiff-Appellee.

Ronald S. Stadler , Attorney, Mallery & Zimmerman, Milwaukee, WI, for Defendants-Appellants.

Jordan W. Lorence , Attorney, Alliance Defending Freedom, Washington, DC, Gary McCaleb , Jeremy D. Tedesco , Attorneys, Alliance Defending Freedom, Scottsdale, AZ, for Amicus Curiae Alliance Defending Freedom.

Kyle Palazzolo , Attorney, Lambda Legal Defense & Education Fund, Chicago, IL, for Amicus Curiae School Administrators from Twenty-One States and the District of Columbia.

Julia Renee Lissner , Attorney, Akerman LLP, Chicago, IL, for Amici Curiae Forge, Inc., Indianapolis Chapter of P-Flag, Inc., Genders & Sexualities Alliance Network, Gender Expansive Kids and Company.

Maureen Alger , Attorney, Cooley Godward Kronish LLP, Palo Alto, CA, for Amici Curiae Gay Straight Alliance for Safe Schools, Inc., Illinois Safe Schools Alliance, Indiana Youth Group, Inc., Gender Spectrum Charitable Fund.

Charles A. Rothfeld , Attorney, Mayer Brown LLP, Washington, DC, for Amicus Curiae National Women's Law Center.

Mark E. Haddad , Attorney, Sidley Austin LLP, Los Angeles, CA, for Amici Curiae Katherine R Allen, Nadav Antebi-Gruszka, M.V. Lee Badgett.

Before Wood, Chief Judge, and Rovner and Williams, Circuit Judges.


Ashton ("Ash") Whitaker is a 17 year-old high school senior who has what would seem like a simple request: to use the boys' restroom while at school. However, the Defendants, the Kenosha Unified School District and its superintendent, Sue Savaglio, (the "School District") believe...

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