Legal Brief on Wisconsin Case Law Offers Critical Guidance Concerning Trans-Inclusive Educational Policies and Practices

 

FOR IMMEDIATE RELEASE

October 2, 2025

MEDIA CONTACT: info@gsafewi.org

Legal Brief on Wisconsin Case Law Offers Critical Guidance Concerning Trans-Inclusive Educational Policies and Practices

As Wisconsin schools navigate increasingly complex legal and political landscapes, a new policy brief from the University of Wisconsin–Madison and GSAFE provides essential guidance for protecting LGBTQ+ students. Authored by Maggie Paino, J.D., and Dr. Mollie McQuillan in collaboration with Brian Juchems, Senior Director of Education and Policy at GSAFE, the brief summarizes key Wisconsin case law that supports inclusive policies and practices.

The resource outlines landmark rulings under Title IX, the Fourteenth Amendment, and Wisconsin state law—including the pivotal Whitaker v. Kenosha Unified School District decision, which affirmed transgender students’ rights to use bathrooms aligned with their gender identity. These legal precedents can offer educational advocates with more consistent guidance than shifting policy directives and rhetoric.

“School districts are making policy decisions about LGBTQ+ students every day, often without comprehensive information about what may be possible and what approaches would work best in their community,” said Dr. McQuillan. “This brief adds to the evidence base that policymakers, education leaders, and students need to make informed decisions that support all students’ success and wellbeing.”

The brief is designed to help educators, school board members, and other educational advocates understand how legal precedent can inform policy development and advocacy efforts. It complements two other reports in a series from GSAFE and Dr. McQuillan’s team of scholars in the UW-Madison Department of Educational Leadership and Policy Analysis.

“This brief provides essential guidance for Wisconsin education leaders navigating complex policy decisions,” said Brian Juchems of GSAFE. “Existing case law can help community members see past the political rhetoric to understand the legal foundation for inclusive practices for all students.”

Note: These policy briefs are educational resources and do not constitute legal advice. School districts should consult with their legal counsel for specific policy questions.

About GSAFE: GSAFE is a statewide organization working to create safer and more inclusive schools for LGBTQ+ students, educators, and families in Wisconsin. Through policy advocacy, educational resources, and community organizing, GSAFE supports efforts to ensure all students can learn and thrive in environments free from discrimination and harassment.

An electronic version of this news release can be found under the GSAFE news tab: https://gsafewi.org/news/.

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Link to Legal Brief