USCA11 Case: 18-13592 Document: 304-1 Date Filed: 12/30/2022 Page: 17 of 150
student’s transgender status to others. The Best Practices Guidelines also provide that “[t]ransgender students will be given access to a gender-neutral restroom and will not be required to use the restroom corresponding to their biological sex.”
(second alteration in original) (citations omitted).
Thus, after completing this process and as part of its Best Practices Guidelines, the School Board decided to maintain its bathroom policy that separates bathrooms on the basis of biological sex while providing accommodative sex-neutral bathrooms. The School Board opted to maintain this policy also after taking into account the complex issues presented by the notion of gender fluidity.
Ultimately, the School Board believes its bathroom policy is necessary to ensure the privacy and overall welfare of its entire student body under the governing Florida statute. We will not insert ourselves into the School Board’s ongoing development of policies to accommodate students struggling with gender identity issues—unless, of course, the School Board’s policies are unconstitutional, an issue which we now address.
Turning to the constitutional question, because the policy that Adams challenges classifies on the basis of biological sex, it is
