Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2022).pdf/138

 into question whether the sex-based classification is substantially related to any important interest. See Whitaker, 858 F.3d at 1054 (observing that a transgender student could use the bathroom matching his or her gender identity if he or she simply chose to register with the school district using a passport rather than a birth certificate, which demonstrated “the arbitrary nature of the policy”); Grimm, 972 F.3d at 620 (Wynn, J., concurring) (observing that the bathroom policy at issue “is arbitrary and provides no consistent reason” for assigning certain students to certain bathrooms). And that makes sense: how can the School District’s policy be substantially related to a legitimate state interest if the School District does not even care enough about the policy to administer it effectively?

The School District’s reliance on a student’s enrollment documents gives rise to this sort of problem—the School District administers the policy in an arbitrary and haphazard way. As the School District admitted, if a transgender student legally changed his or her birth certificate and other enrollment documents to