Case 3:17-cv-00739-TJC-JBT Document 192 Filed 07/26/18 Page 31 of 70 PageID 10709
not the reality. The reality is this child … just want[s] to be accepted” as a member of the gender with which they identify. Id. at Tr. 120–21.
Kefford also testified that there has never been a problem involving a transgender student in the bathroom, and any problem that did arise would be dealt with in accordance with the school’s disciplinary guidelines. Id. at Tr. 106–07. Kefford said that any child who was uncomfortable with the policy or wanted additional privacy beyond that already afforded by a bathroom stall would have the option of using a gender-neutral single-stall bathroom. Id. at Tr. 120. She also testified that some transgender students who are in the early stages of their transition prefer to use a gender-neutral bathroom instead of the bathroom that matches their gender identity. Id. at Tr. 111–12. Kefford has never heard of a transgender student (or adult) going into a restroom for the purpose of engaging in any inappropriate predatory behavior and has never heard of a cisgender student pretending to be transgender to gain access to a bathroom opposite of their true gender identity. Id. at Tr. 107, 119.
Dr. Thomas Aberli, a principal with the Jefferson County Public Schools in Kentucky testified about his experience at a high school during the time that it adopted a policy to permit transgender students to use bathrooms and locker rooms that aligned with their gender identity. Doc. 160-1 at Tr. 22–23. That high school does not have any gender-neutral bathrooms but does have one single-stall girls’ bathroom and one single-stall boys’ bathroom in the front office. Id. at Tr. 25. Aberli
31
