Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2018).pdf/60

 rely on Title IX to prohibit transgender students from accessing bathrooms consistent with their gender identity)., 237 F. Supp. 3d at 297–301 (finding the uncertain legal landscape created by the 2017 withdrawal of the 2016 Guidance, coupled with the Supreme Court’s decision to stay its consideration of the Fourth Circuit’s  decision in light of that withdrawal, meant plaintiffs could not demonstrate a likelihood of success on their Title IX claim at that time to support entry of a preliminary injunction (which the court nevertheless granted on their Equal Protection claim)).

It is true, as the School Board notes, that some of the transgender school bathroom decisions which considered Title IX relied on the now rescinded guidance in reaching a result. ,, 822 F.3d at 721 (applying deference to agencies’ interpretation of ambiguous term “sex” to find transgender student alleged violation of Title IX), , 853 F.3d 729 (4th Cir. 2017); , 208 F. Supp. 3d at 869–70 (entering preliminary injunction on Title IX claim after giving deference to ambiguous term “sex”). However, cases examining the question