Judge sides with trans 6th grader in fight to get her school to treat her fairly

In a win for the trans community, a Wisconsin judge has ruled in favor of an 11-year-old trans girl’s right to use the girls’ restroom at school.

U.S. District Judge Lynn Adelman issued a temporary restraining order and preliminary injunction on an anti-trans policy at the Mukwonago Area School District – located in the conservative Milwaukee suburb of Mukwonago – which required students to use bathrooms and locker rooms based on their sex assigned at birth.

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The 11-year-old girl and her mother sued after the school began to heavily monitor the incoming sixth graders’ bathroom usage while she took summer school classes at Mukwonago High School.

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According to the judge’s ruling, the plaintiff had used the girls’ bathroom without incident since third grade when she moved to the district.

“Plaintiff will suffer significant irreparable harm without a temporary restraining order. Defendants have begun enforcing the policy against plaintiff and are currently causing her to experience emotional and mental harms.”

The judge then quoted an emotional email sent from the child to her mother in which she describes being reminded that ‘”The school board has expectations.’ and that I have to use the boys’ bathroom or a gender neutral restroom.” The sentence was followed by several crying emojis.

“I think I need to come home, and the school is going to call you as well. So Please come pick me up BEFORE they call please. I am trying to hold back my emotions. So please hurry!” The email ended with more crying emojis.

Adelman also said the plaintiffs would likely win at trial.

“I am heartbroken that my daughter has been subjected to ongoing discrimination from her own school district,” said the girl’s mother in a statement. “And I’m furious that this is happening, and continuing to happen, to any kids who are part of the LGBTQ+ community. No student should have to endure consistent invasions of their privacy and have their well-being threatened.”

“MASD superintendent Joe Koch and the school board are targeting an eleven-year-old child, and that is disgusting. They continue to defend this transphobic bathroom policy without considering the ongoing harm it inflicts on their own students. The court’s quick action allowed me to breathe a small sigh of relief, and I hope we can continue to give my daughter that relief. I’m hopeful the court’s actions will prompt the school district to reflect and reconsider its behavior.”

Alexa Milton, an attorney for the family from Relman Colfax PLLC, said the firm is “pleased that the court has recognized our client’s rights were being violated. “We hope this swift action will ensure she has a safe and equitable summer. We hope this decision and the prioritization of her wellbeing will help prevent any further discrimination against our client and other children in her community and beyond, and we look forward to defending this victory as the litigation continues.”