Case 3:17-cv-00739-TJC-JBT Document 192 Filed 07/26/18 Page 28 of 70 PageID 10706
presented any evidence that he is a “biological male.” Doc. 161 at Tr. 229–36, 253; Doc. 162 at Tr. 12–13, 35–36; Doc. 173-1 at ¶¶ 42–43. The School District maintains that Adams is welcome to use the gender-neutral bathrooms or the girls’ bathroom.[1] Doc. 161 at Tr. 250–51. But he cannot use the boys’ bathroom.
- E. Schools With Policies Permitting Transgender Students To Use The Bathroom that Aligns With Their Gender Identity
The Court heard testimony from three school administrators familiar with other schools that have adopted the transgender bathroom policy that Adams is advocating.[2] Broward County, also in Florida, has a public school policy that permits students to use gender-neutral restrooms as well as the restrooms that match their gender identity. Doc. 151, Pl. Ex. 66 at 40–41. Unlike St. Johns County, Broward County also has a human rights ordinance that prohibits discrimination based on
- ↑ That latter position seems disingenuous. Adams presents as a boy and continues to exhibit more masculine physical features as his medical treatment continues. It would seem that permitting him to use the girls’ restroom would be unsettling for all the same reasons the School District does not want any other boy in the girls’ restroom.
- ↑ A group of school administrators, school districts, and educators from 29 states and the District of Columbia sought leave to file an amicus brief in support of Adams’ position. Doc. 124. The School Board objected that their brief was filed just three business days before trial, it deprived counsel of an opportunity to cross-examine their positions, and would be cumulative of other evidence. Doc. 136. Two of the school administrators who testified are among the members who sought to file the brief. For the reasons raised by the School Board, and finding that the testimony of the three administrators ameliorates any prejudice to Adams, the Court will deny the amicus’ motion (Doc. 124) (and finds their counsel’s motion for leave to appear pro hac vice (Doc. 125) to therefore be moot).
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