Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2020).pdf/24

 And again here, the School Board’s invocation of privacy for anatomical differences is internally inconsistent. The School Board ignores that, in many ways, Mr. Adams has changed the physiological manifestation of his gender. Like many transgender boys and men, Mr. Adams surgically eliminated his breast tissue and embarked on hormonal treatment that would “alter the appearance of the genitals, suppress menstruation, and produce secondary sex characteristics such as increased muscle mass, increased body hair on the face, chest, and abdomen, and a deepening of the voice.” Were Mr. Adams to use the school’s restroom for girls, as the School Board maintains he could, his masculine physiology would present many of the same anatomical differences the School Board fears if non-transgender boys used the girls’ restroom. The District Court observed the School Board’s position that Mr. Adams was free to use the girls’ bathroom “seem[ed] disingenuous” for these reasons. And of course, because the School Board identifies a student’s gender based on the paperwork he submitted when he first enrolled in the school district, Mr. Adams would have been considered a boy under the policy if he had happened to enroll with his updated legal documents. On this record, the School Board failed to raise genuine, non-hypothetical justifications for excluding Mr. Adams from the boys’ restroom.