Whitaker v. Kenosha Unified School District

1 No. 16-3522IN THE UNITED STATES COURT OF APPEALSFOR THE SEVENTH CIRCUIT_____ASHTON Whitaker , A MINOR, BY HIS MOTHER AND NEXTFRIEND, MELISSA Whitaker ,Plaintiff-Appellee, Unified School District NO. 1 BOARD OF EDUCA-TION AND SUE SAVAGLIO-JARVIS, IN HER OFFICIAL CAPACITYAS SUPERINTENDENT OF THE Kenosha Unified SCHOOLDISTRICT NO. 1, from the United States District Courtfor the Eastern District of WisconsinCase No. 16-CV-943 The Honorable Judge Pamela Pepper_____BRIEF OFAMICI CURIAENATIONAL WOMEN S LAW CENTER, ET AL.

2 ,IN SUPPORT OF PLAINTIFF-APPELLEE_____Fatima Goss GravesNeena ChaudhryAdaku Onyeka-CrawfordAlexandra Brodsky*NATIONALWOMEN SLAWCENTER11 Dupont Circle, NWWashington, DC 20036(202)588-5180* Application to Bar pending;supervised by Bar MembersCharles A. RothfeldCounsel of RecordAndrew J. PincusPaul W. HughesMichael B. KimberlyMAYERBROWNLLP1999 K Street, , 20006(202) 16-3522 Document: 46 Filed: 01/30/2017 Pages: 50 APPEARANCE & CIRCUIT RULE DISCLOSURE STATEMENT Appellate Court No: 16-3522 Short Caption: Ashton Whitaker v.

3 Kenosha Unified School District , et al To enable the judges to determine whether recusal is necessary or appropriate, an attorney for a non-governmental party or amicus curiae, or a private attorney representing a government party, must furnish a disclosure statement providing the following information in compliance with Circuit Rule and Fed. R. App. P. The Court prefers that the disclosure statement be filed immediately following docketing; but, the disclosure statement must be filed within 21 days of docketing or upon the filing of a motion, response, petition, or answer in this court, whichever occurs first.

4 Attorneys are required to file an amended statement to reflect any material changes in the required information. The text of the statement must also be included in front of the table of contents of the party's main brief. Counsel is required to complete the entire statement and to use N/A for any information that is not applicable if this form is used. [ ] PLEASE CHECK HERE IF ANY INFORMATION ON THIS FORM IS NEW OR REVISED AND INDICATE WHICH INFORMATION IS NEW OR REVISED. (1) The full name of every party that the attorney represents in the case (if the party is a corporation, you must provide the corporate disclosure information required by Fed.)

5 R. App. P by completing item #3): A Better Balance; California Women s Law Center; Center for Reproductive Rights; Equal Rights Advocates Know Your IX; National Council of Jewish Women; National Crittenton Foundation; National Organization for Women Foundation; Red Web Foundation; San Francisco Mental Health Education Funds, Inc.; Stop Sexual Assault in Schools; SurvJustice; Women s Law Project (2) The names of all law firms whose partners or associates have appeared for the party in the case (including proceedings in the District court or before an administrative agency) or are expected to appear for the party in this court: Mayer Brown LLP (3) If the party or amicus is a corporation: i) Identify all its parent corporations, if any.

6 And n/a ii) list any publicly held company that owns 10% or more of the party's or amicus' stock: n/a Attorney's Signature: s/ Charles Rothfeld Date:1/30/2017 Attorney's Printed Name: Charles Rothfeld Please indicate if you are Counsel of Record for the above listed parties pursuant to Circuit Rule 3(d). YesX No Address: Mayer Brown LLP 1999 K St NW Washington, DC 20006 Phone Number: (202) 263-3233 Fax Number:(202) 263-5233 E-Mail Address: Case: 16-3522 Document: 46 Filed: 01/30/2017 Pages: 50iTABLE OF CONTENTSPageTable of Authorities.

7 IiiInterest ofAmici and Summary of Argument .. Against Transgender Individuals Is A FormOf Sex Discrimination .. against transgender individuals fortheir nonconformity to sex stereotypes constitutes sexdiscrimination .. against transgender individuals is in-herently sex anatomy does not determine an indi-vidual s identity or destiny .. Transgender Students Is Required To FulfillTitle IX s Goal Of Eradicating Discrimination Based OnGender In Educational Programs .. intended Title IX to benefit all people whoare denied full participation in the educational envi-ronment as a result of stereotyping.

8 IX was intended to be a broad, compre-hensive effort against all forms of sex discrimi-nation in all aspects of IX was particularly concerned with eradi-cating sex stereotyping .. IX s protections have never been restricted tonon-transgender girls .. women suffer the same types of discrim-ination as cisgender women .. 18 Case: 16-3522 Document: 46 Filed: 01/30/2017 Pages: 50 TABLE OF CONTENTS Regarding The Safety Of Women HaveHistorically Been Used To Justify Discrimination AndDefend Exclusionary Policies, And Have Been Rejected ByCourts In Modern Times.

9 Rules ostensibly designed to protectwomen have long reflected both stereotype and pre-text .. rules with protective pretextshave historically been imposed in a variety , and similarly sex-segregated envi-ronments, have been a particular focus of thesediscriminatory Supreme Court, in modern times, has rejectedthese protective rationales for gender discrimination .. 26 Conclusion .. 29 Case: 16-3522 Document: 46 Filed: 01/30/2017 Pages: 50iiiTABLE OF AUTHORITIESPage(s)CasesBarnes v.

10 City of Cincinnati,401 729 (6th Cir. 2005).. of Education,347 483 (1954) .. 20, 22, 23, 24 Cannon v. Univ. of Chicago,441 677 (1979) .. 12 Carmichael v. Galbraith,574 F. App x 286 (5th Cir. 2014) .. 17 City of St. ,238 830 (5th Cir. 1956).. ,429 190 (1976) .. 22 Deneen v. Nw. Airlines, Inc.,132 431 (8th Cir. 1998)..9 Doe v. Brimfield Grade Sch.,552 F. Supp. 2d 816 ( Ill. 2008).. 4, ,433 321 (1977) .. 27 Eisenstadt v. Baird,405 438 (1972) ..9 Fabian v. Hosp. of Cent. Conn.,172 F. Supp. 3d 509 (D.)