National
7th Circuit affirms bathroom access for trans student
Court unanimously determines Title IX protects transgender student

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.”
Commentary
When a church fears the rainbow
Puerto Rico pastor objected to Pride symbols outside congregation
There are moments when an incident stops being merely a local story and begins to reveal something much deeper. What happened on June 28 outside One Church, in Comerío, Puerto Rico, belongs in that category.
I do not know who painted the rainbow colors on the asphalt and on a roadside guardrail. I do not know what motivated them, and it is not my place to justify their actions. If someone believes a law was broken, there are authorities and legal mechanisms to address that. That is not the point of this reflection.
The point is the words that followed.
Hours after those colors appeared, Pastor Jorge J. Santiago Reyes went live on social media. He said he felt threatened. He described what happened as a physical attack against his church. He appeared angry and disappointed. He called those who painted the rainbow “cowards” and “charlatans.” He expressed frustration with the support that, according to him, the municipal government of Comerío has shown toward the LGBTQ community, and with those who support posts related to that community. He repeated several times that the people responsible had “crossed the line.” He ended his message by saying, “These charlatans have to be stopped.”
As I listened to his words, I stopped thinking about the paint.
I began thinking about fear.
There is one phrase the pastor repeated again and again: “They crossed the line.” Yet he never explained what that line was. If he was referring to a possible violation of the law, that is for the authorities to determine. If he meant respect for property, there are also procedures to deal with that. But when that line remains undefined and the message begins to associate a rainbow with a threat, the question changes. It is no longer only about a guardrail or a road. It becomes a question about what boundary, in the pastor’s view, was actually crossed.
Paint can be erased.
A brush can cover the asphalt and return a guardrail to its original color.
What does not disappear so easily is the meaning of those colors.
And perhaps that is where the real conflict begins.
It is significant that this happened precisely on June 28, the day when the LGBTQ community remembers a history marked by exclusion, violence, and the struggle for dignity. What represents memory, hope, and the possibility of living without hiding for millions of people was presented by others as a threat.
I do not know why someone painted that rainbow. I do not need to know in order to ask whether those were the words society should expect from a pastor.
A religious leader may feel hurt, frustrated, or angry. What he cannot forget is the responsibility that comes with every public expression. His words do not end when a livestream ends. They move beyond the space of his church, reach people who may never share his faith, and help shape the way others see those who think differently. When a pastor calls other people “charlatans” and “cowards,” says they “have to be stopped,” and turns a rainbow into evidence of an attack, he is no longer speaking only from frustration. He begins to build a discourse that can feed rejection toward a community far larger than the people responsible for that act.
There was another moment in the livestream that caught my attention. The pastor reminded viewers how much he has served Comerío, how much he has accompanied his community, and how much he has worked for it. I have no reason to question that service. I am sure many people can testify to the good he has done.
That is precisely why it was difficult to hear.
Pastoral vocation is not about reminding a town of everything one has done for it when conflict appears. Service does not lose its value when it goes unrecognized; it loses something when it becomes an argument to claim a moral position from which to speak down to others. A person who serves does so because that is the nature of the calling, not because that service grants authority to discredit those who think differently.
As a pastor, that part of the message left me deeply uneasy. Not because I expect ministers of God to be perfect. We are not. But because our words carry weight, we are called to speak with greater responsibility. Some expressions build bridges. Others raise walls. Some words invite encounter. Others end up justifying rejection.
The paint will disappear. A brush will be enough to cover the asphalt and return the guardrail to its original color.
The words will not disappear as easily.
They will remain recorded in a video, shared again and again on social media, and remembered by those who heard them. They will remain long after the last trace of paint has been erased.
When this episode is remembered, it probably will not be because of the rainbow that appeared outside One Church, in Comerío, Puerto Rico.
It will be because of the words a pastor chose to use when speaking about it.
And that difference changes everything.
National
ACLU says trans athletes ruling is narrower than many believe
‘Narrow decision focused on the unique context of sports’
The Supreme Court’s decision Tuesday to uphold state laws barring transgender girls from competing on girls’ school sports teams represents a setback for transgender rights, but attorneys who argued the case say the ruling is considerably narrower than many initial reactions suggested.
Shortly after the decision was released, attorneys with the American Civil Liberties Union — which represented the plaintiffs in the case — held a press call to explain what they described as the limited scope of the Court’s opinion. While the ruling allows states to exclude transgender girls from girls’ school sports teams, they said it stops well short of creating a nationwide ban or dismantling broader legal protections for transgender people.
Joshua Block, senior counsel with the ACLU’s LGBTQ & HIV Project, said the majority intentionally confined its analysis to school athletics.
“[The majority] issued a narrow decision focused specifically on the unique context of sports. It didn’t issue a broader decision saying that Title IX in general didn’t protect transgender students. It didn’t say that other states couldn’t make a different policy choice and allow transgender girls to participate with cisgender girls, and it didn’t issue a sweeping ruling saying that under the Constitution it’s perfectly fine to discriminate based on transgender status.”
Block said one of the opinion’s most significant takeaways is that it leaves decisions about transgender participation in school sports largely in the hands of states.
“It leaves the rest of the legal rights of transgender people where the court found them.”
He stressed that the ruling authorizes states to adopt restrictions but does not require them to do so.
“It’s very important to emphasize that this isn’t a national mandate to ban trans athletes everywhere. It’s a fight that’s going to continue state by state, school by school … it really says that a state may discriminate, not that they must discriminate. States, schools, and athletic associations should be taking every step to ensure that athletic opportunities exist for transgender girls.”
Beyond athletics, Block said the opinion’s most important legal consequence may lie in its treatment of the Equal Protection Clause.
“What the court said is that even applying that heightened standard, we’re going to establish what’s effectively a new rule of the Equal Protection Clause, saying that you can’t bring this sort of as-applied challenge to a law that is valid for most people.”
Even so, he argued that the Court repeatedly framed transgender participation in sports as a policy issue for state governments rather than a constitutional mandate.
“Over and over and over again it talks about how states may exclude transgender girls, not that they must, and over and over and over again it says that this is a policy question that should be decided by the people in their different communities and their representatives.”
Block also rejected the idea that the ruling endorses the Trump administration’s broader efforts to restrict transgender rights.
“I have no doubt that the Trump administration will try to declare victory and say that this decision supports the lawless policies they’re pursuing, but I think anyone reading the decision can see otherwise.”
The White House nonetheless celebrated the decision, calling it a victory that would “protect women and girls.”
“The Court’s decision is a landmark victory for common sense, biological reality, and for the millions of women and girls who deserve a level playing field. By upholding laws protecting female athletic competition, the Court confirmed that states may preserve the fairness, safety, and equal opportunities that Title IX was enacted to guarantee.”
Medical researchers and LGBTQ advocates dispute the administration’s characterization of the evidence. A 2021 study published in the Journal of Sports Medicine found no scientific evidence for supporting these laws that categorically ban transgender women from participating in women’s sports.
Critics have also argued that enforcement of such laws could create new risks for athletes. Researchers have warned that sex-verification requirements may expose students to invasive examinations and discrimination.
A 2016 USA Today investigation found that at least 368 young gymnasts reported experiencing sexual abuse over a 20-year period. More than 100 coaches and gymnastics officials were accused of abuse, yet USA Gymnastics failed to track predatory coaches, allowing many to continue working with children. LGBTQ advocates argue that requiring athletes to undergo genital inspections or other forms of sex verification could place young athletes at even greater risk.
Advocacy organizations said the decision, while limited legally, will have significant real-world consequences for transgender youth.
Chris Mosier, a transgender athlete and board member of Point of Pride, said the ruling extends beyond sports.
“The Supreme Court’s decision today isn’t driven by fairness or dignity in sports. It’s an attack on our community’s right to live freely and authentically in every part of our lives. Young people, regardless of whether they’re cis or trans, deserve the joy of sports: to build friendships, to move their bodies and have fun on the field. To every trans athlete out there: you have a community standing behind you. No politician or law can take away your joy or power. We will get through this as our community has always done: together.”
Brian K. Bond, CEO of PFLAG National, emphasized that states remain free to adopt inclusive policies despite the Court’s decision.
“The Court rules best when it listens to the needs of marginalized people: trans people belong, on and off the field. While we celebrate the Court’s decision to uphold the Fourteenth Amendment and affirm that every person born in the United States is a citizen, the Court today added an asterisk to allow discrimination against transgender student athletes. Our country has been here before, and frankly, you would think this Court would have learned.”
“For PFLAG families, today’s decision in BPJ means that transgender athletes can continue to be affirmed for who they are in places where the law allows – and invigorates our LGBTQ+ and allied community to expand those protections. The parents, families, allies and LGBTQ+ people of PFLAG will continue to advocate for our trans loved ones to have the freedom to be themselves, everywhere. Trans people belong, and deserve to have access to the benefits of sport like everyone else.”
Allen Morris, policy director at the National LGBTQ Task Force, called the decision “devastating” but noted that it does not establish a nationwide sports ban.
“Today’s decision is devastating and the impact to clear. While this is not a nationwide ban on transgender participation in sports, the Court has given states a legal pathway to attempt to discriminate against trans individuals from full participation in school sports and all aspects of life.”
“This ruling is not just about sports: it’s about valuing and protecting the safety, security and constitutional rights of transgender people. By allowing states to draw a categorical line based on “biological sex,” the majority has chosen deference to exclusion and political beliefs over transgender students’ lived realities. There is already a dangerous rise in state-based violence growing across the country, and we’re overcoming this issue at each turn.”
Melanie Willingham-Jaggers, CEO of GLSEN, said the decision sends a broader message about transgender students’ place in schools.
“We are deeply disappointed by the outcome of this decision. This ruling represents another significant setback for transgender youth across the country, limiting their ability to fully engage in school life. Exclusion from these spaces shapes not only athletic access, but the broader message about who should be valued and included in our schools and societal ecosystem.”
“School sports are much more than competition. They are about belonging, forming a community, and the opportunity to grow and thrive alongside peers. Preventing youth from taking part in everyday activities undermines these fundamental values. We continue to see efforts to regulate discrimination under the guise of fairness, despite the lack of evidence that inclusive policies harm women’s sports. Access to these experiences is critical to students’ well-being and development.”
Massachusetts
EXCLUSIVE: Pressley rips State Department over LGBTQ rights rollbacks abroad
Massachusetts Democrat sent letter to Marco Rubio on Tuesday
Massachusetts Congresswoman Ayanna Pressley sent a letter to Secretary of State Marco Rubio urging the Trump-Vance administration to take urgent action to defend LGBTQ people across the globe, including in countries that are violating international human rights protections for LGBTQ individuals, putting at risk the safety of civilians and U.S. citizens working, living, and traveling abroad.
The letter, which the Washington Blade got an exclusive preview of prior to its sending, criticizes the Trump-Vance administration’s foreign policy direction at the State Department, arguing that it has moved to roll back LGBTQ protections that have long been part of the U.S.’s global human rights posture.
“Criminalizing LGBTQI+ individuals undermines democracy globally, as well as U.S. national security. Thus, we urge the State Department to take adequate measures to speak out against this criminalization and protect U.S. citizens abroad, including your staff, who may be detained or harmed under such laws, policies, and practices,” Pressley, a Democrat who represents roughly three-fourths of Boston and much of the city’s suburbs, said. “U.S. civilians, diplomatic personnel, military members, and nonprofit workers on the ground providing health care and disaster support will be affected and have their safety threatened if the U.S. does not take action. Even U.S. citizens perceived as being part of the LGBTQI+ community and traveling or living in those countries may be used as bargaining chips. This is a serious U.S. national security concern.”
In the letter, Pressley underscores what she describes as a global escalation in criminalization and violence against LGBTQ people, noting that one-third of countries still criminalize consensual same-sex sexual relationships and that 12 countries impose the death penalty. She argues that these conditions make LGBTQ travelers, diplomats, and aid workers particularly vulnerable, and calls on the State Department to reassert U.S. leadership in defending human rights abroad.
“Every person deserves to live authentically, yet several countries are violating international human rights laws that protect LGBTQI+ individuals,” she said. “One-third of countries around the world criminalize same-sex consensual acts between adults, and 12 countries allow LGBTQI+ people to be executed for being themselves.”
She also invokes the role the U.S. has played in promoting democratic values internationally, arguing that LGBTQ rights should remain central to that mission.
“Historically, the United States has played a critical diplomatic role in promoting democracy and freedom for all individuals, including LGBTQI+ persons. The U.S. should be a world leader promoting human rights domestically and globally.”
In a separate statement included in the letter, Pressley emphasized both the moral and national security implications of the issue, warning that anti-LGBTQ laws abroad are endangering lives and require a coordinated U.S. response.
“Every person deserves to show up as their true, authentic selves here in the United States and in countries across the globe — and that includes our LGBTQI+ community members,” she said.
“However, we are witnessing a deeply concerning rise in human rights violations and criminalization of LGBTQI+ individuals in other countries, endangering the lives of civilians and U.S. citizens. It is incumbent upon the United States to protect our LGBTQI+ siblings at home and abroad not only for our national security but for the safety and freedom of LGBTQI+ people everywhere.”
The letter goes on to press the State Department for concrete action, including a public reaffirmation of U.S. commitments to LGBTQ human rights, the restoration of LGBTQ analysis in annual country reports, and clearer guidance for Americans traveling abroad. It also seeks clarity on whether the department is tracking cases of U.S. citizens detained or harmed under anti-LGBTQ laws and what proactive steps are being taken to warn and protect LGBTQ travelers.
While she is not a member of the Foreign Affairs Committee, Pressley remains highly active in international affairs and global policy.
While the letter focuses on current policy, it also lands in the broader context of Secretary of State Marco Rubio’s long anti-LGBTQ record. Rubio, a former senator from Florida, has consistently opposed same-sex marriage, calling the federal Respect for Marriage Act, which he voted against, a “stupid waste of time.” He has also expressed support for efforts to overturn Obergefell v. Hodges, the U.S. Supreme Court decision that legalized same-sex marriage nationwide.
During his time in the U.S. Senate and as a Florida political leader, Rubio has a long anti-LGBTQ track record. He defended state policies that LGBTQ advocates say target queer and transgender people, including Florida’s Parental Rights in Education law — commonly known by critics as “Don’t Say Gay” or “Don’t Say Trans” — which restricts classroom discussion of sexual orientation and gender identity.
He has also drawn criticism for his voting record, including a 0/100 score from the Human Rights Campaign’s Congressional Scorecard, reflecting opposition to expanding federal civil rights protections for LGBTQ people and for opposing adoption rights for same-sex couples.
Now serving as secretary of state, Rubio has overseen changes at the State Department that LGBTQ advocates say have reduced visibility and protections for transgender people, including the removal of trans-specific references from parts of the department’s public-facing materials and travel guidance. He has also been linked to broader restructuring efforts involving U.S. foreign assistance programs, including the U.S. Agency for International Development, which has historically supported global HIV prevention and LGBTQ rights initiatives in regions such as sub-Saharan Africa, Central Asia, and Latin America.
Those cuts and shifts, critics argue, have weakened programs like PEPFAR — credited with saving millions of lives worldwide — and reduced U.S. support for LGBTQ communities facing persecution abroad. The program is credited with saving at least 25 million lives.
Pressley’s own record stands in contrast, with a 100/100 on HRC’s Congressional Scorecard and a long history of legislative and advocacy work centered on LGBTQ equality. In recent years, she has secured federal funding for The Pryde, an affordable housing development for LGBTQ seniors in Boston, and has repeatedly pushed for expanded civil rights protections, including support for the Equality Act and the Equal Rights Amendment.
She has also advanced policy efforts aimed at LGBTQ survivors of violence, trans, and nonbinary individuals navigating credit and legal systems, and broader protections under housing and civil rights law — framing her work as part of a sustained effort to ensure LGBTQ people are included in federal policy at every level.

