USCA11 Case: 18-13592 Document: 304-1 Date Filed: 12/30/2022 Page: 74 of 150
Q: If you have a transgender boy who came in but whose documentation was later changed because originally it indicated female, that individual would not be permitted to use a bathroom that conforms with their gender identity, right?
A: That’s correct. Because the school board would then know that the student was not a biological male who’s eligible to use that bathroom.
Q: Understood. So during that period of time when they’re both in school, both transgender students, they not both being treated the same way, agreed?
A: I agree as far as that goes. The difference is that in one instance, the district would have knowledge of the pertinent facts. Whereas in the other, it wouldn’t. It can’t … redirect a student to another bathroom if it doesn’t know that that student is not eligible to use the one he’s been using.
D.E. 162 at 53, 89–90.
B
Based on this consistent and unrefuted testimony, the district court found that “if a transgender student initially enrolls with documents listing the gender that matches the student’s gender identity,” the School Board “will accept the student as being of that gender.” Adams, 318 F. Supp. 3d at 1302. In other words, “if a transgender student enrolled in … St. Johns County … having already changed their legal documents to reflect their gender identity, the student’s school records would reflect that gender as well.
