The case went to the US Court of Appeals for the Seventh Circuit, which upheld the district court's decision on Tuesday. "A policy that requires an individual to use a bathroom that does not conform with his or her gender identity punishes that individual for his or her gender non‐conformance, which in turn violates Title IX," wrote Judge Ann Claire Williams. She added that the school also violated the Equal Protection Clause by treating Whitaker differently from other students based on his gender identity.