Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2020).pdf/27

 The gender stereotypes the School Board imposed on Mr. Adams track the stereotypes this Court ruled unconstitutional in. Vandiver Elizabeth Glenn, a transgender woman, was fired because her employer perceived her as “a man dressed as a woman and made up as a woman.” 663 F.3d at 1314, 1320–21 (quotation marks omitted). Ms. Glenn’s employer was “unsettl[ed] to think of [Glenn] dressed in women’s clothing with male sexual organs inside that clothing.” at 1314 (quotation marks omitted). This Court held the employer’s discomfort with Ms. Glenn’s femininity combined with her private anatomy were proof of unconstitutional gender stereotyping. at 1320–21. Based on the employer’s comments, this Court concluded Ms. Glenn was fired because she was transgender and thereby defied gender stereotypes.

As in, the School District’s bathroom policy labels Mr. Adams as a “girl” solely because of the gender assigned to him at birth based on his sexual organs. The policy advances gender stereotypes by deeming Mr. Adams “truly” female, even though he produced legal and medical documentation showing he was male. , 400 F. Supp. 3d 444, 457 (E.D. Va. 2019) (“In determining the physical characteristics that define male and female and the characteristics that are disregarded, the [School] Board has crafted a policy that is based on stereotypes about gender.” (citing,, , 663 F.3d at 1316)), , No. 19-1952 (4th Cir. Sept. 3, 2019). And like, the