The Kenosha Unified School District in Wisconsin is asking the U.S. Supreme Court to review a decision of the 7th U.S. Circuit Court of Appeals that requires the district to allow an 18-year-old biological female who self-identifies as a male, Ashton Whitaker, to use the boys’ restroom. The Circuit Court upheld the student’s claim that restricting restroom usage based on biology was discriminatory. The school stands by its policy and warns that this case could lead to more privacy concerns down the road.
There could be a silver lining to this case, however. Three weeks ago, we reported on a similar case in Virginia that will likely be dismissed because the student in question graduated and there was no longer a “controversy” to settle. That same legal principle could be applied in this case since Whitaker has now graduated.
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