The News: WILL filed an amicus brief in the Seventh Circuit Court of Appeals, urging it to overrule two prior cases that require schools to allow biological males who identify as transgender to access girls’ restrooms and locker rooms. WILL represents a coalition of Wisconsin parents who are deeply concerned about the safety and privacy of their young children while they are at school, in light of these holdings.
In our brief, WILL cites a troubling example from Sun Prairie, Wisconsin, where a biological male claiming to be transgender showered in front of several underage high school girls. WILL filed a Title IX complaint against the Sun Prairie Area School District in that matter, which has been pending for almost two years.
The Quotes: WILL Deputy Counsel Luke Berg, stated, “Neither Title IX nor the Constitution requires schools to ignore biology. Sex-separated bathrooms have long been justified to protect safety and privacy, especially for young girls. We hope the Court corrects its flawed decisions.”
Additional Background: In two prior cases—Whitaker v. Kenosha Unified School District and A.C. v. Metropolitan School District of Martinsville—the Seventh Circuit held that Title IX and the Equal Protection Clause require schools to allow transgender students to use whatever facilities they identify with. Many other courts have rejected the legal analysis in those decisions, and recent Supreme Court decisions cast significant doubt on their legal reasoning. In a case against the Mukwonago school district, the Seventh Circuit is considering whether to overrule Whitaker and A.C. WILL’s amicus brief urges the Court to do so.
WILL represents the Empowered Community Coalition, an unincorporated association of 102 parents of children who are or were enrolled in the Elkhorn Area School District. Elkhorn is currently facing a similar lawsuit by a transgender student (biologically male) who wants to use the girls’ bathrooms and locker rooms. WILL represented the coalition in that case as well, which is still pending.
Read More:
- Amicus Brief, July 2025
Luke Berg
Deputy Counsel