Advertisement Court ruling allows Kenosha transgender student to use restroom of choice District says court ruling will only apply to Ash Whitaker Share Shares Copy Link Copy

A transgender student heads back to high school in Kenosha with the court's permission to use bathrooms consistent with his gender identity.A federal judge's ruling Tuesday is the second legal victory in as many days for Ashton Whitaker. The Tremper High senior has gone to court with accusations the school district discriminated against him."We're just so happy with the outcome, we feel like progress is being made," the boy's mother, Melissa Whitaker, said with her lawyer nearby. Judge Pamela Pepper ruled the district must allow Whitaker to use the boys' bathroom while his lawsuit progresses through the courts. On Monday, Pepper rejected a motion by the school district to dismiss the case.The school district's attorney, Ronald Stadler, said it will appeal both of Pepper's rulings. In a statement, the district said the change in bathroom policy will apply only to Whitaker, at least for now. "The district is disappointed with the court's decision to grant an injunction. Nevertheless, the District is bound by the court's order," the statement read, in part. "This order only affects the plaintiff in this case and the district will continue with all policies and procedures that were in place prior to the case for all other students. The district, like many others in the nation, looks forward to the final decision in this case.”Melissa Whitaker and one of the attorney's representing the family, Joseph Wardenski, said they're ready for a fight but for now want to focus on the teen and other equality issues for transgender students. "He is being brave. He is being a voice," Melissa Whitaker said.