ACLU Sues Indiana School District For Discrimination Against Trans Student

The ACLU sued a school district in Indiana on Tuesday on behalf of a transgender student who is being denied the use of school bathrooms in line with his gender identity.

The suit was filed on behalf of Jasper Wisecarver , an 18-year-old student senior at Valparaiso High School who was told school policy mandated students use the bathroom of the sex they were assigned at birth, regardless of a student’s transition. School officials, the suit claims, told Wisecarver he could use a single-occupancy restroom in the nurse’s office, but when he asked later if he could use the men’s restroom and locker room, the request was denied.

“As these hormonal and physical changes have progressed, and as Jasper has gotten more confident in asserting his identity as a man, he has become increasingly disturbed about having to use the nurse’s restroom and not being able to use the men’s restrooms like all the other boys and men in the school,” the suit says. “He feels that he is being singled out and that he is not accepted for who he is.”

The suit also claims that school officials have refused to update their administrative records to refer to Wisecarver using male pronouns and his preferred male name, resulting in frequent misgendering by substitute teachers.

The ACLU said the school’s policies violate the Equal Protection Clause and Title IX.

Wisecarver said Tuesday that “instead of school administration being supportive, administrators are making life more challenging for already vulnerable students.”

“Trans kids deserve the same rights as anyone. None of us chose to be trans, or decided to make life more difficult for ourselves,” he said in a statement. “Young trans kids are just trying to exist, and often don’t feel like they can stand up for their rights.”

Stevie Pactor, an attorney for the ACLU of Indiana, said the school’s efforts were a clear violation of the law, noting the “refusal to allow a student to use the correct restroom can be extremely damaging.”

The case is one of several filed by the ACLU of Indiana targeting anti-trans legislation and policies, including a proposal by the state’s legislature to bar trans girls from school sports. The effort is part of a larger push by Republicans to push anti-trans legislation nationwide .