Case 3:17-cv-00739-TJC-JBT Document 192 Filed 07/26/18 Page 5 of 70 PageID 10683
undersigned toured Nease High School with the school principal and counsel for both sides, visiting every restroom on campus. Thereafter, the parties submitted proposed findings of fact and conclusions of law and supplemental briefs addressing the School Board’s bathroom policy. See Docs. 172, 173-1,[1] 174, 175. The Court heard closing arguments on February 16, 2018. Doc. 184. While the Court has adopted portions of each party’s submission, the Court’s findings of fact and conclusions of law are its own. Several pending motions were carried with the case, and those rulings are incorporated herein.
II. Findings of Fact[2]
- A. Defining Transgender/Gender Identity/Sex Assigned at Birth
As explained by Dr. Diane Ehrensaft, a developmental and clinical psychologist who studies and specializes in treating transgender children and adolescents, there are a number of components that determine a person’s gender: external genitalia, internal sex organs, chromosomal sex, gonadal sex, fetal hormonal sex, hypothalamic sex, pubertal hormonal sex, neurological sex, and gender identity and role. Doc. 166,
- ↑ An unredacted version of defendant’s brief is in the record at Doc. 180.
- ↑ Pursuant to Federal Rule of Civil Procedure 52(a)(1), the Court makes these findings upon evaluation of the evidence, including the stipulations in the parties’ joint pretrial statement and the testimony and exhibits admitted at trial. Where the evidence to support a relevant finding was in dispute, the Court has weighed the evidence on both sides to determine what facts are “more likely true than not.” Pattern Jury Instructions, Civil Cases, Eleventh Circuit (2013 revision, last revised Jan. 2018) 1.1 Gen. Prelim. Instr.
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