Male Middle Schooler Sues School District Over Bathroom Dispute

( – A male middle schooler from Wisconsin is suing his school over its refusal to allow him to use the girls’ restroom. The unnamed seventh grade boy is identified as “Jane Doe” in court documents filed on March 21. The child is just 13 years old and claims Elkhorn Area School District in Milwaukee has violated Title IX protections and the Fourteenth Amendment.

The boy claims to have experienced gender dysphoria from third grade on and informed a teacher in the fall of 2022 that he’s transgender and prefers female pronouns. The teacher then invited the boys’ parents in to formulate a “gender support plan” but use of preferred bathroom and locker room facilities wasn’t authorized by the school’s guidance counselor. The boy was allowed to use the faculty facilities instead.

Attorney for the child Joseph Wardenski argued that the faculty restrooms were farther away and caused “Jane” to experience anxiety and miss class. The suit claims the boy would stay home from school or drink less to avoid the restroom. He also claims that using the faculty restrooms resulted in him being teased by other children.

The lawsuit also claims that he would use the girls’ restroom anyway, and then get a reprimand from teachers or administrators.

Superintendent Jason Tadlock said that he was “saddened” to hear that they weren’t meeting the boy’s needs as they strive to meet the basic needs of all their students in comments given to the Milwaukee Journal Sentinel.

It’s unclear how the case will proceed. Courts have varied on their tolerance for transgendered bathroom use. Just a few years ago the Superintendent in Loudoun County, Virginia was fired after it was revealed he had covered up the rape of a girl in the girls’ bathroom by a transgendered identifying male student.

The then-15-year-old boy was sentenced in November 2022 for the rapes of two teenaged girls, one of whom he raped in a bathroom stall. In a move eerily similar to the Catholic Church shuffling around predatory priests, administrators quietly moved the boy into another school without reporting the crime. He then raped another girl. The controversy garnered national attention.

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