Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2022).pdf/80

 Board can only rely on administrative convenience to refuse that course of action for its bathroom policy.

On this record, the School Board’s unwritten bathroom policy fails under intermediate scrutiny. The policy allows transgender students just like Drew whose initial enrollment documents set out their current gender identity to use the bathrooms associated with that identity. Because such students pose the same claimed safety and privacy concerns as Drew, the policy can only be justified by administrative convenience, which is constitutionally insufficient. And given that the student database already identifies Drew as male for all other purposes, it is difficult to understand why the School Board could not accept new or revised enrollment documents for Drew identifying him as male.