Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2020).pdf/23

 the child automatically, while unmarried citizen fathers of foreign-born children had to offer proof of paternity. 533 U.S. at 60, 73, 121 S. Ct. at 2059, 2066. Because “[f]athers and mothers are not similarly situated with regard to the proof of biological parenthood,” the law withstood heightened scrutiny. at 63, 121 S. Ct. at 2060.

The use of the restrooms by boys and girls in closed, locked bathroom stalls is legally distinct from the reproductive differences between sexes, as related to pregnancy and childbirth. The District Court here expressly found that the School District’s bathroom policy did not turn on “something innately different” between how boys and girls use the bathroom. The District Court also made the finding that no anatomical differences between the sexes were required to be on display in the school restrooms. And, “if the School District’s concern is that a child will be in the bathroom with another child who does not look anatomically the same,” other possible anatomical differences between students, such as the differences between pre-pubescent and post-pubescent students, might be just as concerning from a privacy standpoint. , 858 F.3d at 1052–53. But the School District’s bathroom policy did not account for these factors. According to the facts found at trial, Mr. Adams’s anatomical differences from his non-transgender male peers are irrelevant to his use of the boys’ restroom.