Adalberto Jordan

“ And because the School Board’s claimed safety and privacy concerns presented by someone just like Drew are the same for similarly-situated high-school transgender students who enroll with documents indicating their current gender identity, the School Board’s claimed safety and privacy rationales go out the window. The only thing left to justify the School Board’s refusal to accept new or revised enrollment paperwork identifying Drew as male is administrative convenience, and that does not satisfy intermediate scrutiny. ”

“ We will be criticized, and rightly so, for selectively applying our precedent—when we approve of the result below, we strain to find a way to affirm, but when the result is not to our liking, we do not consider alternative grounds on which to affirm. ”

“ To satisfy intermediate scrutiny, which is a “demanding” standard, the “discriminatory means employed” must be “substantially related to the achievement of those objectives.” Virginia, 518 U.S. at 533. ”