Orlando Sentinel

Transgende­r student’s bathroom battle successful in appeals court

- By Jim Saunders

TALLAHASSE­E — Weighing privacy issues, a federal appeals court has sided with a transgende­r student who argued his constituti­onal rights were violated when the St. Johns County school district prevented him from using boys’ restrooms at his high school.

The 2-1 decision Friday by a panel of the 11th U.S. Circuit Court of Appeals upheld a lower-court ruling that the district violated the equal-protection rights of recent Nease High School graduate Drew Adams and ran afoul of a federal antidiscri­mination law known as Title IX.

Judge Beverly Martin, in a 45-page majority opinion joined by Judge Jill Pryor, wrote that the record in the case “reveals no substantia­l relationsh­ip between privacy in St. Johns County School District restrooms and excluding Mr. Adams from the boys’ restroom” and, as a result, violates the Equal Protection Clause of the U.S. Constituti­on.

“Mr. Adams, for his part, does not question the ubiquitous societal practice of separate bathrooms for men and women,” Martin wrote. “Instead, Mr. Adams argues the School Board’s bathroom policy singles him out for differenti­al treatment on the basis of his gender nonconform­ity and without furthering student privacy whatsoever. The record before us has persuaded us to his view. The School Board has demonstrat­ed no substantia­l relationsh­ip between excluding Mr. Adams from the communal boys’ restrooms and protecting student privacy.”

But Chief Judge William Pryor, in a 28-page dissent, wrote that the majority opinion “purports to allow only plaintiff Drew Adams, a female who identifies as a male, to use the boys’ bathroom, but the logic of this decision would require all schoolchil­dren to use sexneutral bathrooms.”

“Not long ago, a suit challengin­g the lawfulness of separating bathrooms on the basis of sex would have been unthinkabl­e,” the chief judge wrote. “This practice has long been the common-sense example of an acceptable classifica­tion on the basis of sex. And for good reason: it protects well-establishe­d privacy interests in using the bathroom away from the opposite sex.”

Adams was a female biological­ly at birth but came to realize he was transgende­r in eighth grade, according to the majority opinion. He was diagnosed with gender dysphoria, a condition that causes anxiety as people identify with a gender that is different from their physical gender.

Adams began transition­ing to living as a boy, including obtaining a prescripti­on for testostero­ne to make his body masculine and eventually undergoing a procedure to remove breast tissue, the majority opinion said. He also amended legal documents to reflect a male sex designatio­n.

For the first six weeks of ninth grade at Nease High School, Adams used the boys’ restrooms. But school administra­tors, pointing to complaints from two girl students who saw Adams go into a boys’ restroom, told him he needed to use a gender-neutral bathroom in the school office or girls’ facilities, the majority opinion said.

Adams and his mother, Erica Adams Kasper, sued the school district in 2017, with U.S. District Judge Timothy Corrigan later ruling in their favor on the equal-protection and Title IX arguments. The school district then took the case to the Atlanta-based appeals court.

Friday’ s majority opinion said, in part, the school district policy is administer­ed “arbitraril­y” and that the district’s concerns about Adams’ use of boys’ restrooms were hypothetic­al.

 ?? RON HARRIS/AP ?? Transgende­r student Drew Adams speaks with reporters outside of the 11th Circuit Court of Appeals on Dec. 5, 2019, in Atlanta.
RON HARRIS/AP Transgende­r student Drew Adams speaks with reporters outside of the 11th Circuit Court of Appeals on Dec. 5, 2019, in Atlanta.

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