KENOSHA, Wis. -

A transgender student heads back to high school in Kenosha with the court's permission to use bathrooms consistent with his gender identity.

A federal judge's ruling Tuesday is the second legal victory in as many days for Ashton Whitaker. The Tremper High senior has gone to court with accusations the school district discriminated against him.

Judge Pamela Pepper ruled the district must allow Whitaker to use the boys' bathroom while his lawsuit progresses through the courts. On Monday, Pepper rejected a motion by the school district to dismiss the case.

The school district's attorney, Ronald Stadler, says it will appeal both of Pepper's rulings. Joseph Wardenski is one of the attorneys representing Whitaker and his mother, Melissa. Wardenski argued Tuesday that Whitaker would be irreparably harmed without the injunction.