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7th Circuit affirms bathroom access for trans student

Court unanimously determines Title IX protects transgender student

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The 7th Circuit has affirmed bathroom access for Ashton Whitaker, shown here with his mother. (Photo courtesy Transgender Law Center)

In another legal decision affirming federal law ensures bathroom access for transgender students, a federal appeals court has determined a transgender student in Wisconsin must be allowed access to restrooms at his high school consistent with his gender identity.

In a 35-page decision, a three-judge panel the U.S. Seventh Circuit Court of Appeals ruled unanimously in favor of Ashton Whitaker, a 17-year-old who sued Kenosha Unified School District for requiring him to use a restroom separate from one used by all other students.

Writing for the court, U.S. Circuit Judge Ann Claire Williams, an Obama appointee, determined Title IX of the Education Amendment of 1972, which bars discrimination in schools on the basis of sex, applies to Ash’s situation.

“A policy that requires an individual to use a bathroom that does not conform with his or her gender identity punishes that individual for his or her gender non‐conformance, which in turn violates Title IX,” Williams writes.

Joining Williams in the decision was U.S. Circuit Judge Ilana Rovner, an appointee of George W. Bush, and U.S. Circuit Judge Diane Wood, a Clinton appointee.

The decision upholds a preliminary injunction U.S. District Judge Pamela Pepper, an Obama appointee, issued in September requiring Kenosha Unified School District to change its policy.

Ash said in a statement he’s “thrilled” the Seventh Circuit determined that Pepper’s decision should stand as the litigation and his studies continue.

“After facing daily humiliation at school last year from being threatened with discipline and being constantly monitored by school staff just to use the bathroom, the district court’s injunction in September allowed me to be a typical senior in high school and to focus on my classes, after-school activities, applying to college, and building lasting friendships,” Ash said.

According to the court decision, Ash’s school informed him after he transitioned he couldn’t use the boys’ restroom, only the girl’s restroom or a gender-neutral facility some distance from his classes. Fearful of missing class and being punished for being late, Ash limited his water intake in school so he wouldn’t have to use the restroom, but suffered health consequences as a result. Ash several times contemplated suicide, the decision says.

Williams cites as a precedent for interpreting Title IX to apply to Ash the U.S. Supreme Court rulings in Price Waterhouse v. Hopkins in 1989 and Oncale v. Sundowner Offshore Services in 1998, which instructs schools to construe sex stereotyping as sex discrimination. Also cited is the 7th Circuit’s recent in decision in Hively v. Ivy Tech Community College, which determined anti-gay bias is sex discrimination under the law.

“The School District argues that even under a sex‐stereotyping theory, Ash cannot demonstrate a likelihood of success on his Title IX claim because its policy is not based on whether the student behaves, walks, talks, or dresses in a manner that is inconsistent with any preconceived notions of sex stereotypes,” Williams writes. “Instead, it contends that as a matter of law, requiring a biological female to use the women’s bathroom is not sex‐stereotyping. However, this view is too narrow. By definition, a transgender individual does not conform to the sex‐based stereotypes of the sex that he or she was assigned at birth.”

The 7th Circuit ruling is the latest in a series of court decisions that have determined Title IX ensures bathroom access for transgender students, even though the law makes no explicit mention of transgender students.

Representing Ash in his litigation is the San Francisco-based Transgender Law Center, the D.C.-based law firm Relman, Dane & Colfax PLLC; and Milwaukee-based attorney Robert Theine Pledl of McNally Peterson, S.C.

Kris Hayashi, executive director for the Transgender Law Center, said in a statement the decision is “a great victory for transgender students.”

“The battleground may be bathrooms, but the real issue is fairness and transgender people’s ability to go to school, to work, and simply to exist in public spaces,” Hayashi said. “This win makes that more possible for more people.”

The 7th Circuit reached the conclusion transgender students are protected under Title IX even though the Trump administration has revoked Obama-era guidance that determined barring transgender kids from the bathroom matching their gender identity violates that law.

Mara Keisling, executive director of the National Center for Transgender Equality, also hailed the decision as a victory for transgender people.

“This powerful decision — another in a growing list of rulings affirming the Constitutional rights of transgender people — helps Ash and tens of thousands of students like him get the same opportunity to learn as any other student,” Keisling said. “It recognizes that fully respecting and including transgender students like Ash Whitaker is legally and morally the right thing to do, and that discrimination against these young people because of who they are is cruel, wrong and illegal.”

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Puerto Rico

Bad Bunny shares Super Bowl stage with Ricky Martin, Lady Gaga

Puerto Rican activist celebrates half time show

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Bad Bunny performs at the Super Bowl halftime show on Feb. 8, 2026. (Screen capture via NFL/YouTube)

Bad Bunny on Sunday shared the stage with Ricky Martin and Lady Gaga at the Super Bowl halftime show in Santa Clara, Calif.

Martin came out as gay in 2010. Gaga, who headlined the 2017 Super Bowl halftime show, is bisexual. Bad Bunny has championed LGBTQ rights in his native Puerto Rico and elsewhere.

“Not only was a sophisticated political statement, but it was a celebration of who we are as Puerto Ricans,” Pedro Julio Serrano, president of the LGBTQ+ Federation of Puerto Rico, told the Washington Blade on Monday. “That includes us as LGBTQ+ people by including a ground-breaking superstar and legend, Ricky Martin singing an anti-colonial anthem and showcasing Young Miko, an up-and-coming star at La Casita. And, of course, having queer icon Lady Gaga sing salsa was the cherry on the top.”

La Casita is a house that Bad Bunny included in his residency in San Juan, the Puerto Rican capital, last year. He recreated it during the halftime show.

“His performance brought us together as Puerto Ricans, as Latin Americans, as Americans (from the Americas) and as human beings,” said Serrano. “He embraced his own words by showcasing, through his performance, that the ‘only thing more powerful than hate is love.’”

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Human Rights Watch sharply criticizes US in annual report

Trump-Vance administration ‘working to undermine … very idea of human rights’

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(Washington Blade photo by Yariel Valdés González)

Human Rights Watch Executive Director Philippe Bolopion on Wednesday sharply criticized the Trump-Vance administration over its foreign policy that includes opposition to LGBTQ rights.

“The U.S. used to actually be a government that was advancing the rights of LGBT people around the world and making sure that it was finding its way into resolutions, into U.N. documents,” he said in response to a question the Washington Blade asked during a press conference at Human Rights Watch’s D.C. offices. “Now we see the opposite movement.”

Human Rights Watch on Wednesday released its annual human rights report that is highly critical of the U.S., among other countries.

“Under relentless pressure from U.S. President Donald Trump, and persistently undermined by China and Russia, the rules-based international order is being crushed, threatening to take with it the architecture human rights defenders have come to rely on to advance norms and protect freedoms,” said Bolopion in its introductory paragraph. “To defy this trend, governments that still value human rights, alongside social movements, civil society, and international institutions, need to form a strategic alliance to push back.”

From left: Human Rights Watch Executive Director Philippe Bolopion and Human Rights Watch Washington Director Sarah Yager at a press conference at Human Rights Watch’s D.C. offices on Feb. 4, 2026. (Photo courtesy of Human Rights Watch)

The report, among other things, specifically notes the U.S. Supreme Court’s Skrmetti decision that uphold a Tennessee law banning gender-affirming medical interventions for minors.

The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and the U.N. Human Rights Council. Bolopion in response to the Blade’s question during Wednesday’s press conference noted the U.S. has also voted against LGBTQ-inclusive U.N. resolutions.

Maria Sjödin, executive director of Outright International, a global LGBTQ and intersex advocacy group, in an op-ed the Blade published on Jan. 28 wrote the movement around the world since the Trump-Vance administration took office has lost more than $125 million in funding.

The U.S. Agency for International Development, which funded myriad LGBTQ and intersex organizations around the world, officially shut down on July 1, 2025. The Trump-Vance administration last month announced it will expand the global gag rule, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services, to include organizations that promote “gender ideology.”

“LGBTQ rights are not just a casualty of the Trump foreign policy,” said Human Rights Watch Washington Director Sarah Yager during the press conference. “It is the intent of the Trump foreign policy.”

The report specifically notes Ugandan authorities since the enactment of the country’s Anti-Homosexuality Act in 2023, which punishes “‘carnal knowledge’ between people of the same gender” with up to life in prison, “have perpetrated widespread discrimination and violence against lesbian, gay, bisexual, and transgender (LGBT) people, their families, and their supporters.” It also highlights Russian authorities “continued to widely use the ‘gay propaganda’ ban” and prosecuted at least two people in 2025 for their alleged role in “‘involving’ people in the ‘international LGBT movement’” that the country’s Supreme Court has deemed an extremist organization.

The report indicates the Hungarian government “continued its attacks on and scapegoating of lesbian, gay, bisexual, and transgender (LGBT) people” in 2025, specifically noting its efforts to ban Budapest Pride that more than 100,000 people defied. The report also notes new provisions of Indonesia’s penal code that took effect on Jan. 2 “violate the rights of women, religious minorities, and lesbian, gay, bisexual, and transgender (LGBT) people, and undermine the rights to freedom of speech and association.”

“This includes the criminalization of all sex outside of marriage, effectively rendering adult consensual same-sex conduct a crime in Indonesia for the first time in the country’s history,” it states.

Bolopion at Wednesday’s press conference said women, people with disabilities, religious minorities, and other marginalized groups lose rights “when democracy is retreating.”

“It’s actually a really good example of how the global retreat from the U.S. as an actor that used to be very imperfectly — you know, with a lot of double standards — but used to be part of this global effort to advance rights and norms for everyone,” he said. “Now, not only has it retreated, which many people expected, but in fact, is now working against it, is working to undermine the system, is working to undermine, at times, the very idea of human rights.”

“That’s definitely something we are acutely aware of, and that we are pushing back,” he added.

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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