Federal Court Allows Transgender Student Access to Girls’ Restrooms in Elkhorn School

ELKHORN, Wis. (Civic Media) — A federal court has issued a preliminary injunction allowing a transgender 13-year-old to use the girls’ restrooms at Elkhorn Area Middle School. The decision, granted on August 1st comes as the student, identified as Jane Doe, prepares to return to school in September.

Jane Doe filed a federal civil rights lawsuit against the Elkhorn Area School District (EASD), Superintendent Jason Tadlock, and EAMS Principal Ryan McBurney in March 2024. The lawsuit claims EASD’s refusal to let Jane use the girls’ restrooms violates her civil rights under Title IX and the Equal Protection Clause of the Fourteenth Amendment.

U.S. District Judge J.P. Stadtmueller ruled that Jane has a strong likelihood of success on her claims and would suffer irreparable harm without the injunction. The court noted the harms Jane faced, including social isolation and mental distress, and emphasized the public interest in equal treatment for all students.

The court’s order prevents EASD from enforcing any policy that denies Jane access to girls’ restrooms at EAMS or any other district school she may attend. The injunction is effective immediately and will remain in place throughout the litigation.

“We’re thrilled for Jane,” said her attorney, Joseph Wardenski. “It is unfortunate that EASD forced a 13-year-old to go to federal court simply to use the restroom.”

EASD Superintendent Jason Tadlock expressed disagreement with the ruling but stated the district would comply. He told the Milwaukee Journal Sentinel that privacy guards would be installed in the girls’ bathrooms.