Whitaker v. Kenosha Unified School District Case -Dispute Over the Discrimination of a Transgender Boy

Whitaker v. Kenosha Unified School District Case -Dispute Over the Discrimination of a Transgender Boy

The Whitaker v. Kenosha Unified School District case involved a dispute over the discrimination of a transgender boy. The School District had denied transgender access to the boys’ restroom because it believed the boy’s presence in the restroom would invade the other male students’ privacy rights. The school argued that treating all girls and boys the same was not a violation of the Equal Protection Clause (United States Court of Appeal, 2017). However, it was evident that transgender students were treated differently based on how the school handled Ash’s case. Ash believed denying him access to the restroom harmed him because not using the bathroom triggered a health condition that made him susceptible to seizures or fainting whenever he was dehydrated. Do you need help with your assignment?

The district court ruled by granting Ash a preliminary injunction motion. However, the School District contended that the court should reverse its decision to grant Ash a preliminary injunction because it made an error in finding that Ash had shown a possibility of success on the merits since Title IX does not protect transgender status and is not entitled to deep scrutiny. The School District also contended that it must protect the privacy of other students and that Ash’s claims were not legally valid. The School District additionally contended that the district court made an error, finding that the harm its actions created for Ash outweighed the harm that Ash would present to the students and their privacy interests (United States Court of Appeal, 2017). The court acknowledged that the School District has a legitimate interest in protecting bathroom privacy rights, but the interest in protecting privacy rights must be weighed against the case facts to determine whether there was a genuine justification. The district court concluded that discrimination against transgender students likely includes sex discrimination under Title IX of the 1972 Education Amendments Act and the Equal Protection Clause of the United States Constitution.

References

United States Court of Appeal. (2017). Whitaker v. Kenosha Unified School District, 85. Seventh Circuit | United States Court of Appeals. http://www.ca7.uscourts.gov/

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For this discussion forum, please refer to the following sites (also located within this week’s Readings folder). These organizations are left-leaning, largely because they advocate for the rights of historically marginalized individuals, and this is usually the position of such groups. Nonetheless, the sites report on factual information (e.g. verdicts in case law).

Whitaker v. Kenosha Unified School District Case -Dispute Over the Discrimination of a Transgender Boy

Please browse both of the sites, and for this forum briefly summarize (in a paragraph or two) one case or news story you reviewed. Please review others’ posts before you make your initial post so that we can minimize duplications.
https://transequality.org/federal-case-law-on-transgender-people-and-discrimination