USCA11 Case: 18-13592 Document: 304-1 Date Filed: 12/30/2022 Page: 97 of 150
The term “biological sex,” as used by the School District in its bathroom policy, thus does not include many of the biological components that together make up an individual’s sex as understood by medical science, including gender identity. Nor does the term “biological sex,” when used to mean only sex assigned at birth, account for the reality that the biological components of sex in an individual might diverge.[1] And the term fails to account for the primacy of two biological components in particular, gender identity and neurological sex, when such a divergence occurs. Put simply, the term “biological sex” as used by the School District is at odds with medical science.
- 2. The Taskforce, the Best Practices Guidelines, and Alternative Bathroom Policies Accommodating Transgender Students
In 2012, the School District formed a taskforce to review policies related to LGBTQ students.[2] The taskforce convened in part to consider whether the School District’s longtime bathroom policy appropriately accounted for transgender students’ desire to use the restrooms corresponding to their gender identity. As part of its
- ↑ Other unrebutted evidence made clear that the biological markers of sex “may not be in line with each other (e.g., a person with XY chromosomes may have female-appearing genitalia).” Doc. 151-4 at 7; see also Wilson Dissenting Op. at 2–4 (describing examples of divergent sex components in intersex people).
- ↑ The acronym “LGBTQ” refers to: “lesbian, gay, bisexual, transgender, and questioning (and/or queer).” Doc. 192 at 13 n.19.
