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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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U.S. Federal Courts

Renee Good’s family files two federal lawsuits

ICE officer killed lesbian mother of three in Minneapolis in January

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A protest near the White House on Jan. 10, 2026, in response to Renee Good's death in Minneapolis. Good's partner and her family have filed two federal lawsuits. (Washington Blade photo by Michael Key)

The family of lesbian woman who a U.S. Immigration and Customs Enforcement killed in Minneapolis in January have filed two federal lawsuits.

The Associated Press notes Renee Good’s partner, Becca Good, and her brother, Brent Ganger, in the lawsuits accuse the Trump-Vance administration and ICE officer Jonathan Ross of “unjustified and excessive use of force.”

Renee Good was a 37-year-old mother of three.

Ross on Jan. 7 shot and killed her in Minneapolis.

The shooting took place during the Trump-Vance administration’s so-called Operation Metro Surge that targeted Somalis and other immigrant groups in Minneapolis. U.S. Customs and Border Protection agents on Jan. 24 shot and killed Alex Pretti, a 37-year-old nurse who worked for the U.S. Department of Veterans Affairs, in Minneapolis.

Both shooting sparked outrage across the U.S. and around the world.

“Every morning, she is my first thought. I think about how the kids are growing up without their mama, and how I will grow old without the love of my life. I think about how we should have had 40 more years together. But I also think about what she would have wanted after all of this,” said Becca Good in a statement the Human Rights Campaign released after she and her partner’s family announced the lawsuits.

“As we have tried to navigate our own massive loss, I am also devastated by how many other lives have been destroyed in this darkest of times. So many other families are dealing with the loss of their loved ones; to everyone who has had to witness it — the pain of this moment extends far beyond our family,” added Becca Good. “What happened to us should never happen to any family. No child should grow up without a parent because of it. No one should lose their sister or their daughter. No one should have to live without their soulmate. Accountability — real accountability — is the only way to make sure that no other family has to go through what we have.”

HRC President Kelley Robinson in her own statement said the Good family “is one of our own — and today, the Human Rights Campaign joins them in demanding justice.”

“It has been eight months and 24 days since Renee was shot and killed by an ICE agent, and the United States government has failed to take responsibility for its actions,” said Robinson. “Her partner, Becca, and brother Brent, have made the brave and bold decision to hold the government accountable, and we stand with them. Like every person murdered by ICE, Renee should be alive today. The Goods were robbed of what every American family deserves: to be together.”

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Federal Government

988 restores crisis services for LGBTQ youth

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U.S. Sen.Tammy Baldwin (D-Wis.) helped secure funding for 988 and led the push to get Press 3 reinstated as policy. (Washington Blade photo by Michael Key)

The lifesaving 988 call-in number to help people experiencing mental health crises or suicidal thoughts has once again restored its specialized services for LGBTQ youth.

The lifeline, which used to have the option to “press 3” to be directly sent to specialized services for LGBTQ youth facing mental health crises or suicidal thoughts, was returned on Wednesday following an over-year-long battle with the Trump-Vance administration, which removed the service in May 2025.

The Press 3 option rolled out as a pilot program in 2022 through a government contract with the Trevor Project, a suicide prevention and crisis intervention organization for LGBTQ people.

Then, in June 2025, the federal government announced that the lifeline would be eliminated within a month. By July 2025, 988 Lifeline’s “Press 3” services were terminated.

Openly gay U.S. Sen. Tammy Baldwin (D-Wis.) helped lead Congress in reversing the removal of the lifesaving resource from American phones. As a member of the Senatw Labor-HHS Appropriations Subcommittee, she started the process of securing $535 million for 988 — a $15 million increase — as well as dedicated funding for LGBTQ youth specialized services.

Then, in September 2025, Baldwin, along with U.S. Sen. Lisa Murkowski (R-Alaska), introduced bipartisan legislation in the Senate, the 988 LGBTQ+ Youth Access Act, to codify the 988 Lifeline’s specialized services for LGBTQ young people.

At the same time, U.S. Rep Raja Krishnamoorthi (D-Ill.) introduced the legislation in the House of Representatives alongside U.S. Reps. Michael Lawler (R-N.Y.) Sharice Davids (D-Kan.) Brian Fitzpatrick (R-Pa.) and Seth Moulton (D-Mass.)

The Senate passed Baldwin’s bipartisan funding bill in January 2026, funding the Department of Health and Human Services with explicit language mandating the return of 988’s LGBTQ youth specialized services.

In February 2026, Congress passed legislation mandating that the previously eliminated “Press 3” specialized services be restored and funded with $33,100,000 — but it was unclear if the Press 3 option would still be allowed under current executive orders, namely Executive Order 14168, or “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

Despite the securing of federal funding for the Press 3 resource, the battle to get the 988 LGBTQ+ Youth Access Act through Congress is ongoing — and would provide codafied protection from this removal ever happening again.

According to data on the Trevor Project’s website, LGBTQ young people are more than four times as likely to attempt suicide than their peers.

Baldwin’s office touts the immense help the lifeline provides to LGBTQ people in their moments of greatest need. The press release on the reinstatement of Press 3 highlighted the continued demand for the service:

“The volume of calls, texts, and chats 15 percent higher than a year earlier and nearly 50 percent higher than two years ago. Since the lifeline launched, it has received over 27 million contacts, including over 18 million calls, 4 million texts, and 3 million chats.”

Advocates for LGBTQ rights and mental health awareness have agreed with the increasing numbers and hailed the return as a win for everyone.

“Suicide and mental health struggles touch every community across our state, and that’s why creating the 988 crisis lifeline to make sure help is there for everyone is one of my proudest accomplishments,” said Baldwin said in a statement. “But, last year, the Trump administration decided to make these real struggles a political football and ripped away the specialized line that helped LGBTQ children. This was a deliberate choice. The Trump administration chose to put children’s lives on the line to score some political points.

“I’ve fought tooth and nail to restore this lifesaving resource. When I realized the Trump administration was not going to do it on their own, I wrote it into federal law to require them to restore the Press 3 option,” the Wisconsin senator said. “This lifesaving resource never should have gone away in the first place, but I am glad the lifesaving support Press 3 provides is once again there for people who need it.”

“I’m proud that we secured the funding to restore this lifesaving LGBTQ+ crisis line and successfully pressured the Trump administration to bring the program back,” Krishnamoorthi said. “When an LGBTQ+ young person reaches out for help in a moment of crisis, they deserve to reach a counselor trained to understand and support them. This program should never have been taken away, and now we need to make sure it stays available for every young person who needs it. I’m grateful to the Trevor Project, NAMI Chicago, Equality Illinois, the American Foundation for Suicide Prevention, and all the advocates and young people who worked alongside us to bring these services back.”

Jaymes Black, CEO of The Trevor Project who works with the SAMHSA, in their press three operations celebrated the return of the resource. 

“We are grateful to see that the 988 Suicide & Crisis Lifeline’s ‘Press 3’ specialized services for LGBTQ+ youth have been restored. Resuming this national resource will be critical in addressing the public health crisis of suicide among LGBTQ+ young people, and supporting the estimated more than 1.8 million LGBTQ+ youth who seriously consider attempting suicide in the U.S. each year,” Black said via a statement. “We are thankful for the large coalition of bipartisan lawmakers, mental health advocates, allies, and supporters who fought tirelessly for this restoration. We will monitor the launch and usage of these important services to ensure all LGBTQ+ youth are supported with clinically best standards.”

If you or someone you know needs mental health resources and support, please call, text, or chat with the 988 Suicide & Crisis Lifeline or visit 988lifeline.org for 24/7 access to free and confidential services. Trans Lifeline, designed for transgender or gender-nonconforming people, can be reached at (877) 565-8860. The lifeline also provides resources to help with other crises, such as domestic violence situations. The Trevor Project Lifeline, for LGBTQ+ youth (ages 24 and younger), can be reached at (866) 488-7386. Users can also access chat services at TheTrevorProject.org/Help or text START to 678678.

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California

Calif. governor signs 6 pro-LGBTQ bills, vetoes 1

Gavin Newsom rejected measure he claimed is legislative overreach

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California Gov. Gavin Newsom, center, at the 2024 Democratic National Convention in Milwaukee. (Washington Blade photo by Michael Key)

Last week, California Gov. Gavin Newsom signed and vetoed a slew of bills into state law. Among them were seven pertaining to California’s LGBTQ community. Newsom signed six while vetoing one. His actions drew applause and scorn from advocacy groups in the state. 

The six signed bills:

Assembly Bill 1775 allows transgender veterans, who were banned from service last year by the Trump-Vance administration, to access housing assistance, use California’s discharge upgrade assistance program, and get support for gaining employment. 

Assembly Bill 1930 strengthens privacy protections for healthcare patients and providers by creating clear guidelines for California agencies, individuals, and corporations to respond to out-of-state subpoena requests relating to abortion or gender-affirming care. This includes a requirement to contact the California Attorney General at least seven days prior to responding to the subpoena or providing legal documents. This should add additional protection to those residing in California from investigations in states where abortion or gender-affirming care has more restrictions. 

Senate Bill 934 targets conversion therapy in California and increases the amount of time a patient has to bring a medical malpractice lawsuit against a provider for attempting to change the patient’s sexual orientation or gender identity. The bill takes aim at the widely debunked practice that treats queerness as a mental disorder that could be cured through psychotherapeutic methods. Conversion therapy has been illegal in California since 2012; however, a recent Supreme Court decision threw the ban into question, prompting lawmakers to write this new bill that legally defines it as medical malpractice. 

Senate Bill 1023 expands access to PrEP, a medication that protects people from contracting HIV. The bill requires insurers to cover the drug through the medical benefit and the pharmacy benefit pathways, allowing for more providers to give patients PrEP. 

Senate Bill 1114 strengthens privacy protections for voluntary self-identification data about sexual orientation and gender identity. The bill limits when California government agencies can share this data and bars it from being disclosed outside of the state government, with few exceptions. 

Senate Bill 1328 expands support for LGBTQ students and staff in California colleges. The bill requires any institution of higher education to designate an employee at any campus, satellite campus, branch campus, or outreach center to support the needs of LGBTQ individuals. 

Equality California, the largest statewide LGBTQ civil rights group in the country, commended the governor for his support of legislation that protects and supports the queer community amid escalating threats, attacks, and rollbacks from the federal government. 

Executive Director Tony Hoang said in a written statement, “California is once again demonstrating that when LGBTQ+ people are targeted, our state will respond with action,” adding, “We are grateful to Gov. Newsom for signing these measures.”

The vetoed bill:

Assembly Bill 2164 would have banned California from extraditing anyone residing in California for providing abortions or gender-affirming care in another state. Newsom vetoed this bill despite agreeing with its principles, claiming in a written statement that “extradition is an exclusively executive function” and that he did not want to limit the “executive authority of an incoming governor.” 

This bill was created in response to Louisiana’s attempt to extradite a California physician for allegedly sending abortion pills in the mail to a Louisiana woman. Newsom responded forcefully to the extradition request, publicly denying it and stating, “We will not allow extremist politicians from other states to reach into California and try to punish doctors based on allegations that they provided reproductive health care services.” 

In a written statement responding to the veto, Lizzy Hinkley, the legal director of the bill’s lead sponsor, Abortion Coalition for Telemedicine, criticized Newsom, stating, “[the] outgoing governor’s principled stance is cold comfort to Californians living and working in the real world post-Dobbs. A high-brow, academic justification for refusing to codify legal protections only reveals an ignorance for the lived reality of patients and providers — and does nothing to help them.” 

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