Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2018).pdf/35

 F.3d 1034, 1050–52 (7th Cir. 2017) (determining school district decision to exclude transgender students from bathrooms matching their gender identity was based on sex stereotyping, and thus subject to heightened scrutiny );, 286 F.Supp. 3d 704, 718-19 (D. Md. 2018) (reviewing and  and determining that heightened scrutiny applied in transgender school bathroom case);, 290 F. Supp. 3d 321, 331 (M.D. Pa. 2017) (holding intermediate scrutiny applied in transgender school bathroom case);, 237 F. Supp. 3d 267, 288 (W.D. Pa. 2017) (same);, 280 F. Supp. 3d 747, 768 (D. Md. 2017) (applying intermediate scrutiny to decision to exclude transgender individuals from the military);, 275 F. Supp. 3d. 167, 210 (D.D.C. 2017) (same).

The School Board’s bathroom policy cannot be stated without referencing sex-based classifications, as it requires what it terms “biological boys”--intended by the School Board to mean those whose sex assigned at birth is male--to use the boys’ bathrooms or gender-neutral bathrooms, and it requires “biological girls”--intended by