KUSD Appeals Whitaker Decision

Kenosha Unified has officially filed an appeal in the Ash Whitaker case. The district, as expected, appealed to the U.S. Supreme Court, saying that it disagreed with an injunction upheld by the 7th Circuit Court of Appeals. The court agreed that KUSD must allow Whitaker, a biological female, to use the boys bathroom. The injunction had originally been put into place by a U.S. Circuit Court judge. At that time Whitaker, who identifies as male, was completing 11th grade at Tremper. Whitaker graduated from Tremper in June. The appeal deals only with that injunction-as the main case, in which Whitaker accuses the district of discrimination, remains open in U.S. District Court. Since Whitaker is no longer a student its unclear what practical effect the appeal to the nation’s highest court might have. In the original appeal to the 7th Circuit KUSD argued that allowing Whitaker to use the boys bathroom would bring harm to other boys who might also be in the bathroom at the same time. In their response to the filing, Whitaker attorneys filed a brief that criticized the district, calling the appeal “ill conceived” and “waste of time and money”


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