Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2020).pdf/36

 way, Mr. Adams can show discrimination by comparing the School Board’s treatment of him, as a transgender boy, to its treatment of non-transgender boys.

The Board’s treatment of Mr. Adams is like that deemed discriminatory in. If Mr. Adams were a non-transgender boy, the School Board would permit him to use the boys’ restroom. The School Board allowed all non-transgender boys to use the boys’ restroom. It allowed all non-transgender students with male driver’s licenses and birth certificates to use the boys’ restroom. But because Mr. Adams is a transgender boy, the School Board singled him out for different treatment. By the very terms of the bathroom policy, the Board refused to allow Adams, “a transgender student[,] access to the restroom corresponding to [his] consistently asserted transgender identity.”

Mr. Adams was also treated differently than non-transgender students generally. If Mr. Adams entered the restroom matching the sex on his legal documents and his gender identity, he faced school discipline. But non-transgender students did not face discipline for restroom use corresponding to their gender identity and their legal documents. Through the bathroom policy, the School District ousted Mr. Adams from communal restrooms and gave him no choice but to use the single-stall facilities. In these respects, the Board subjected Mr. Adams, “as a transgender student, to different rules, sanctions, and treatment