Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2022).pdf/137

 failed to meet its burden of proof, the bathroom policy fails heightened scrutiny.
 * iii.The Policy Is Administered Arbitrarily and Enforced Inconsistently.

Another telltale sign that the policy is untethered from any legitimate government interest is that it is administered arbitrarily. When a state actor does not take care to administer a policy containing a sex-based classification in a consistent or effective fashion, the state actor’s inconsistent administration and enforcement calls