Media Contact

David Gwidt, Communications Director, dgwidt@aclu-wi.org

NEW RICHMOND – The ACLU of Wisconsin filed a brief last Friday at the Western District of Wisconsin concerning a case in which a parent-led organization, New Richmond Parents for Strong Schools, are trying to push the New Richmond School District (NRSD) to adopt a policy that would force transgender students to use bathrooms that are not consistent with their gender identities.

“We know that transgender students face physical, mental, and social consequences when they are forced to use bathrooms that do not align with their gender identity,” said Jade Hall, staff attorney with the ACLU of Wisconsin. “Schools have a duty to ensure that all students can learn in a welcoming and harassment-free environment, including transgender students, who are especially vulnerable to harassment and discrimination.”

In the brief, filed on behalf of LGBTQ student advocacy organization GSAFE, the ACLU says that transgender and non-binary teenagers face a higher risk of being sexually assaulted when they are forced to use bathrooms that are not consistent with their gender identity.

Two previous decisions decided by the Seventh Circuit in cases arising in other states – Martinsville and Whitaker — have allowed transgender students to use the restroom consistent with their gender identity, and the ACLU argues that the Court should uphold those decisions.

“Fairness and justice require the Western District to allow transgender students to continue using the bathrooms that align with their gender identity,” Hall said. “Transgender students are greatly harmed by policies that restrict their bathroom choice, and non-transgender students are not harmed by policies that allow transgender students to use bathrooms aligning with their gender identity. As evidenced by the district's open board meetings, transgender youth already face higher rates of bullying, harassment, detachment, and violence than their cisgender peers. Discriminatory policies make schools less safe, not more.”

A copy of the brief is available here: https://www.aclu-wi.org/cases/defending-transgender-students-in-new-richmond-school-district/