Transgender high schooler sues Evansville schools for restroom access

An Indiana school district is facing a legal challenge to its policy on transgender students' use of bathrooms.

A high school junior in the Evansville Vanderburgh School Corp. says he is being unlawfully discriminated against after a request to use the bathroom of his choosing was denied by school officials.

The student, identified as J.A.W. in the federal complaint filed in the Southern District of Indiana last week, is noted as female on his birth certificate but identifies as male.

The challenge comes after a federal appeals court in May ruled in favor of a transgender student who challenged a Wisconsin school district's policy limiting his bathroom usage.

The complaint also comes a year after a 15-year-old Evansville student killed himself in front of Central High School on the first day back after winter break. The student's family has said he was a target of bullying because of his sexual identity.

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According to the complaint filed by the American Civil Liberties Union of Indiana, J.A.W. was told he would not be allowed to use male restrooms and was instead directed to use the bathroom in the school nurse's office. He attends several of the district's schools, the complaint says.

After several requests to use male restrooms were denied by school officials, the student alleged that he "is being caused irreparable harm for which there is no remedy at law."

J.A.W. claims 14th Amendment and Title IX violations of federal law and requests an injunction to force the school district to allow the student to use the boys restroom.

A spokesman for the district says school officials are reviewing the complaint. However, Jason Woebkenberg said, "we believe we have met, and will continue to meet, the requirements of Indiana and federal law as it relates to transgender students."

Anthony Michael Kreis, a professor at Chicago-Kent College of Law, said the district may be in clear violation of legal precedent if the complaint rings true.

In May, the U.S. Court of Appeals for the 7th Circuit ruled in favor of Ashton Whitaker, a transgender student who challenged a Wisconsin school district's policy limiting his bathroom usage.

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Whitaker wanted to use the boys bathroom, but the school created a "gender neutral" bathroom specifically for transgender students, according to court documents. The court found that to be discriminatory.

The decision has a direct impact on Indiana's public schools, which is covered by the 7th Circuit. When the ruling was handed down, Indiana Department of Education officials said the ruling will "drive guidance" on transgender students' rights in the future.

"They are bound to adhere to the precedent handed down by the 7th Circuit," Kreis told IndyStar.

"In essence, the Whitaker decision shut the door for schools to treat students differently," Kreis said, adding that the school would likely lose the challenge brought by J.A.W.

Ken Falk, legal director of the ACLU of Indiana, said J.A.W.'s complaints against unequal treatment are "nearly identical" to those in the Whitaker case.

The 7th Circuit has heard several Indiana cases involving gender and sexual orientation discrimination.

In April, the court ruled 8-3 that workplace discrimination on the basis of sexual orientation violates Title VII of the Civil Rights Act of 1964.

The ruling came as the result of a lawsuit filed in August 2014 by South Bend resident Kimberly Hively, a former part-time instructor at Ivy Tech Community College who said the college did not hire her full time because she was a lesbian. Ivy Tech denied her claim.

On Tuesday, the 2nd U.S. Circuit Court of Appeals in New York City ruled similarly to the Hively case, concluding that a federal law banning sex discrimination in the workplace also prohibits bias against gay and lesbian employees.

Call IndyStar reporter Fatima Hussein at (317) 444-6209. Follow her on Twitter: @fatimathefatima.