Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2020).pdf/17

 because it does not even succeed in treating all transgender students alike. Just as the statute in did not prevent young men from driving after drinking 3.2% beer, the bathroom policy does not succeed in excluding every transgender student from the restroom matching his or her gender identity. This arbitrary result demonstrates the unconstitutionality of the bathroom policy.

As the District Court found, the School District determines a student’s sex assigned at birth for purposes of restroom use by looking to the forms the student presented at the time he enrolled in the District. Even if a student later provides the District with a birth certificate or driver’s license indicating a different sex, the original enrollment documents control. The enrollment forms, however, say nothing about a student’s assigned sex at birth or transgender status. They ask only whether a student is male or female. At trial, the School District admitted that if a transgender student enrolled with documents matching his gender identity, he would be permitted to use the restroom matching his gender identity. At present, the School Board acknowledges that this loophole in the policy means some of the District’s transgender students may be using school restrooms that match their gender identity. Oral Arg. Recording at 12:05–12:43 (Dec. 5, 2019). But a transgender student like Mr. Adams, who transitions after enrolling in the School District, would not be able to use the restroom matching his gender identity. In