Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2020).pdf/15

 targets some transgender students for bathroom restrictions but not others. Second, the School Board’s privacy concerns about Mr. Adams’s use of the boys’ bathroom are merely “hypothesized,” with no support in the factual record. , 518 U.S. at 533, 116 S. Ct. at 2275. Third, the School District’s bathroom policy subjects Mr. Adams to unfavorable treatment simply because he defies gender stereotypes as a transgender person.

The record demonstrates that the School District’s bathroom policy is administered arbitrarily. This poses a constitutional problem. To pass muster under the Fourteenth Amendment, a governmental gender classification must “be reasonable, not arbitrary.”, 404 U.S. 71, 76, 92 S. Ct. 251, 254 (1971) (quotation marks omitted).

By way of example, the Supreme Court struck down an arbitrary gender-based policy in, 429 U.S. 190, 97 S. Ct. 451 (1976). at 204, 97 S. Ct. at 460. addressed an Oklahoma statute that outlawed the sale of 3.2% beer to young men under the age of 21 and to young women under the age of 18, purportedly as a means to promote traffic safety. at 191–92, 199, 97 S. Ct. at 454, 458. Considering the constitutionality of the statute, the Court first cast doubt on the statistical evidence that young men drink and drive more frequently