Court Rules Gender Is Matter Of Opinion, Not Science; Grants Female Right To Use Boys’ School Bathrooms

The Daily Caller: On Tuesday, the U.S. Court of Appeals for the Seventh Circuit ordered a taxpayer-funded school district in Wisconsin to allow a female transgender student who dresses like a boy and otherwise identifies as male to use the boys’ bathrooms and locker rooms on school premises.

Judge Ann Claire Williams, a Bill Clinton appointee, delivered a three-judge panel’s unanimous ruling in the case, Whitaker v. Kenosha Unified School District.

The ruling upholds a preliminary injunction — issued in September 2016 — allowing Ash Whitaker, a 17-year-old female student at Tremper High School in Kenosha, to use the boys’ bathrooms and other facilities for the remainder of her senior year.

Williams’s appellate opinion notes that Whitaker’s birth certificate designates her as female. However, the court opinion ignores Whitaker’s biological status because Whitaker “does not identify as” female.

The appeals court proclaims that “it is unclear that the sex marker on a birth certificate can even be used as a true proxy for an individual’s biological sex.” Keep reading...

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