A pro-family activist suspects a federal appeals court is pushing a transgendered student's lawsuit in Wisconsin to the U.S. Supreme Court.
A three-judge panel of the 7th Circuit U.S. Court of Appeals has denied the appeal of the Kenosha Unified School District, allowing transgender student Ashton Whitaker to use the boys' restroom at the high school.
Whitaker has since graduated but the ruling is expected to impact other school districts.
Whitaker, who is biologically a girl, sued the Wisconsin school district almost a year ago and won his first ruling last September.
Julaine Appling of the Wisconsin Family Council suspects the three judges were more interested in getting the case before the Supreme Court than making sure the rights of all students were protected.
One of the judge's wrote that the school district's concerns were "all speculative and based upon conjecture" while the harms to the student, referred to as "Ash" in the ruling, are "well-documented and supported by the record."
Rather than following original understanding of Title IX and its application to women, Appling argues the all-female panel of judges was guided by a political agenda with a "game plan" to send the 7th Circuit's ruling to the nation's high court.
"And it may be in the end up that they take this one and another one, maybe from the 4th Circuit or something like that," Appling predicts.