Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2022).pdf/124

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USCA11 Case: 18-13592 Document: 304-1 Date Filed: 12/30/2022 Page: 124 of 150

18-13592
Jill Pryor, J., dissenting
39

“experience … disproportionate rate[s]” of homelessness, unemployment, and job discrimination” as well as “disproportionately report income below the poverty line.” Id. (internal citations omitted);[1] see Doc. 114-6 at 13 (U.S. Commission on Civil Rights report noting “extensive[] document[ation of] … a long, serious, and pervasive history of official and unofficial employment discrimination” by public and private employers).[2] Even as children, the district court found, transgender individuals “face[] discrimination and safety concerns.” Doc. 192 at 8. And “[s]eventy-five percent of transgender students report feeling unsafe at school.” Doc 115-2 at 2.[3]

Other circuits have observed that transgender individuals are disproportionally victims of discrimination and violence. See Grimm v. Gloucester Cnty. Sch. Bd., 972 F.3d 586, 611 (4th Cir. 2020) (observing that transgender individuals have historically been subjected to discrimination); Whitaker ex rel. Whitaker v.


    10. The district court took judicial notice of this exhibit and others at Docket Entry 115 cited in this paragraph to the extent the court “relied on the materials.” Doc. 192 at 13 n.19.

  1. This exhibit is also from the American Psychological Association. It is a five-page document captioned “Transgender, Gender Identity, and Gender Expression Non-Discrimination.” Doc. 115-12 at 2.
  2. The district court took judicial notice of this report. See Doc. 192 at 8 n.15.
  3. This exhibit comes from an organization called the American Family Therapy Academy. It is a two-page document called “Statement on Transgender Students.” Doc. 115-2.