Case 3:17-cv-00739-TJC-JBT Document 192 Filed 07/26/18 Page 27 of 70 PageID 10705
education classes while at Nease (students enrolled in the International Baccalaureate program are not required to take physical education classes), and Adams did not testify about the school policy with respect to the locker rooms, which are only available to students taking physical education classes. Doc. 171, Def. Ex. 42 & 43 (under seal); Doc. 162 at Tr. 131.
Adams testified that he feels alienated and humiliated, and it causes him anxiety and depression to walk past the boys’ restroom on his way to a gender-neutral bathroom, knowing every other boy is permitted to use it but him. Doc. 160-1 at Tr. 116–17. Adams thinks it also sends a message to other students who see him use a “special bathroom” that he is different, when all he wants is to fit in. Id. at Tr. 205.
There were no reported instances of privacy breaches during the time Adams used the boys’ restroom at Nease. Although no one other than the two female students ever complained about Adams’ use of the boys’ bathroom at Nease, the parties stipulated that certain parents and students in the School District object to a policy or practice that would allow students to use bathrooms in accordance with their gender identity as opposed to their sex assigned at birth, because they believe such a practice would violate the bodily privacy rights of students and raises privacy, safety and welfare concerns. Doc. 116 at § I, ¶ 3 (p. 22). The School District has agreed to treat Adams as a boy in all other respects, but its position is that Adams’ enrollment documents and official school records identify him as a female, and he has not
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