Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2018).pdf/46

 finds the placement of the numerous gender-neutral single-stall bathrooms on campus, while useful and well-intentioned, does not remedy the Equal Protection violation.

The retired Director of Student Services testified that the task force was concerned about what to do about “gender-fluid” students if the School District strayed from its long-standing policy of only permitting “biological boys” to use the boys’ restroom and only permitting “biological girls” to use the girls’ restroom. The general point is well-taken, but merely hypothetical given where we are. This case does not raise the issue of what to do about gender-fluid students; rather, the question here is whether to permit a transgender boy who has taken significant social, medical and legal measures to present as a boy (and who never intends to use a girls’ restroom) to have access to the boys’ restroom. Thus, to the extent school officials are worried that gender-fluid students might be using a boys’ restroom one day and a girls’ restroom the next, that would not happen if relief is granted here because this case is only about permitting one transgender boy to use the boys’ restroom. For this