Case 3:17-cv-00739-TJC-JBT Document 192 Filed 07/26/18 Page 6 of 70 PageID 10684
Ct. Ex. 3 at ¶ 20.[1] Among these markers, external genitalia, the most physically obvious one, has historically been used to determine gender for purposes of recording a birth as male or female. Id. at ¶ 19. In most people, all the markers, including external genitalia, lead to a singular conclusion that an individual is either a male or a female. Doc. 166, Ct. Ex. 3 at ¶ 19. Sometimes, though, they are not congruent, with some indicators suggesting the individual is female, and others male.[2] Id. at ¶ 20. In this situation, neurological sex and related gender identity are the most important and determinative factors. Id.
- ↑ Defendant filed a Daubert motion to exclude certain testimony of Deanna Adkins, M.D. and Diane Ehrensaft, Ph.D. Doc. 129. To the extent the motion seeks to exclude portions of their testimony regarding matters of school policy creation and implementation, or links between the school bathroom policy and Adams’ purported emotional distress and damages, the motion is moot because the Court has not relied on that testimony. To the extent the motion seeks to exclude portions of their testimony related to understanding the nature of gender, the protocols for addressing gender transitioning, and the treatment of gender dysphoria, the motion is denied, the Court finding they are qualified to testify on those matters (and others not challenged by this motion), the methodologies upon which they rely for these limited matters are sufficiently reliable, and their testimony assists the Court in understanding the evidence.
- ↑ Because the “physical aspects of maleness and femaleness” may not be in alignment (for example, “a person with XY chromosomes [could also] have female-appearing genitalia), the Endocrine Society guidelines disfavor the term “biological sex.” Doc. 151, Pl. Ex. 30 at 7.
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