USCA11 Case: 18-13592 Date Filed: 07/14/2021 Page: 23 of 80
stall when relieving themselves”; and that “any student who desires more privacy can use a single-user restroom”); R. Doc. 137 at 26 (when using the restroom, Mr. Adams “uses a stall to relieve himself, washes his hands, and leaves”). Again, nothing in the record suggests Mr. Adams or any other transgender student ever threatened another student’s privacy. Indeed, the School District confirmed it was unaware of a single negative incident involving a transgender student using a restroom, even as Mr. Adams used the boys’ bathroom for several uneventful weeks. R. Doc. 162 at 16; R. Doc. 192 at 25. And at a recess during proceedings before the District Court, at which Mr. Adams testified as a witness, Adams used the men’s bathroom in the courthouse without incident.
Next, despite the dissent’s apparent obsession with locker rooms, see Dissenting Op. at 41, 53–54, 65, this case is not a locker room case. Mr. Adams did not bring a claim for access to the boys’ locker rooms at Nease High School and has never asserted he is entitled to such access. This record shows that Mr. Adams did not register for physical education classes; Nease High School locker rooms are only available to students taking physical education classes; and, even so, “no student at Nease High School is required to shower after physical education classes.” We offer no opinion on any claims relating to locker rooms, which, contrary to the dissent’s stark warnings, would entail a separate analysis of the means-ends fit in light of the particular interests at stake. The dissent simply
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