Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2020).pdf/29

 women, because any person could “claim discrimination” and use a different bathroom for “no reason at all.” Neither are we convinced by this argument. Mr. Adams succeeds on his constitutional claim because, first, there is a dearth of evidence in this record that transgender students are a threat to other students’ privacy. Second, the record demonstrates that the School Board subjected Mr. Adams to gender stereotyping. We emphasize that the constitutionality of gender-separated bathrooms is not before us. Although the dissenting opinion seems anxious to weigh in on this broader issue, no one has argued here that separating men and women’s restrooms treats men and women unequally, lacks any factual basis, or perpetuates “invidious, archaic, and overbroad stereotypes” about gender. , 511 U.S. at 130–31, 115 S. Ct. at 1422.

Because this record reveals no substantial relationship between privacy in St. Johns County School District restrooms and excluding Mr. Adams from the boys’ restroom, the School District’s bathroom policy violates the Equal Protection Clause. In so holding, we join the Seventh Circuit, the only other circuit to encounter this issue, along with the majority of district courts who have taken up this topic. , 858 F.3d at 1054 (holding a transgender boy demonstrated likelihood of success on the merits of his equal protection claim to use the boys’ restroom);