The U.S. Court of Appeals for the Seventh Circuit has ruled that a trans middle schooler can continue to use the bathroom that aligns with her gender identity while her case moves through the lower courts. In 2023, U.S. District Judge Lynn Adelmanissued a preliminary injunction on an anti-trans policy at the Mukwonago Area School District located in the conservative Milwaukee suburb of Mukwonago which required students to use bathrooms and locker rooms based on their sex assigned at birth. Related A Christian spa claimed it had the right to discriminate against trans women. The court disagreed. A federal court denied the spas claim that its freedom of speech, assembly, and religion were violated. The trans girl, called D.P. in court documents, sued the school along with her mother after it began to heavily monitor her bathroom usage while she took summer classes at Mukwonago High School, even though she had used the girls bathroom for years without any problems. Insights for the LGBTQ+ community Subscribe to our briefing for insights into how politics impacts the LGBTQ+ community and more. Subscribe to our Newsletter today In the original injunction, Adelan wrote, Plaintiff will suffer significant irreparable harm without a temporary restraining order. Defendants have begun enforcing the policy against plaintiff and are currently causing her to experience emotional and mental harms.The school appealed Adelmans injunction, arguing that the court violated due process by not holding a hearing before the decision. But the appeals court noted that the school did not request a hearing and that if there are no factual disputes, hearings are not required before a judge can issue a preliminary injunction.The court also ruled that D.P. is likely to succeed on her claims based on binding circuit precedent and said it would not overrule its pro-trans rights decisions in two other similar cases, Whitaker v Kenosha Unified School District and A.C. v Martinsville. In the latter, the court ruled in favor of three transgender students who were forbidden by their schools from using bathrooms matching their gender identities. In the former, it ruled in part that a Wisconsin school district had not provided a transgender student a sufficient alternative under Title IX by requiring him to use a gender-neutral bathroom that was inconveniently located and subjected him to stigmatization.The court did note, however, that the Supreme Courts forthcoming decision in United States v. Skrmetti which concerns Tennessees ban on gender-affirming care for trans youth andwill likely determine the future of gender-affirming care access nationwide could affect the merit of D.P.s claims, but until then, circuit precedent remains controlling.In D.P.s case, the injunction only applies to the individual student who sued. After the appeals court released its decision, Mukwonago Area School District superintendent Joe Koch told the Milwaukee Journal Sentinel the school will continue to enforce its anti-trans policy for every other student. The district, Koch said, will continue to defend the legality of its restroom/locker room use policy and stand up for the values of our community.A statement released by D.P.s mother when the initial lawsuit began expressed that she is heartbroken that my daughter has been subjected to ongoing discrimination from her own school district.Im furious that this is happening, and continuing to happen, to any kids who are part of the LGBTQ+ community, she added. No student should have to endure consistent invasions of their privacy and have their well-being threatened.MASD superintendent Joe Koch and the school board are targeting an eleven-year-old child, and that is disgusting. They continue to defend this transphobic bathroom policy without considering the ongoing harm it inflicts on their own students.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.