NWLC Amicus in Adams v. School Board of St. John's County (11th Cir En Banc)

Isabell Retamoza • March 18, 2024

Update: On December 30, 2022, the Eleventh Circuit, sitting en banc, issued a 7-4 decision reversing the trial court’s decision and upholding the school’s policy of excluding transgender students from restrooms that align with their gender. The majority opinion, in finding that the school could separate restrooms based on an unsupported definition of “biological sex,” contradicts every other circuit that has considered the question. As the four dissents make clear, the court’s opinion ignores both the facts in the record and relies on dangerous stereotypes that put transgender students in harm’s way.



On November 23, 2021, the National Women’s Law Center, along with their law firm partner Quinn Emanuel Urquhart & Sullivan, LLP and 50 additional organizations committed to gender justice and LGBTQ rights, submitted a motion to file an amicus brief to the full 11th Circuit Court of Appeals in Adams v. School Board of St. John’s County. NWLC filed their proposed brief in support of Andrew Adams, a transgender boy who was prohibited from using the boys’ restroom at his high school in Florida. Their brief urges the 11th Circuit to affirm the lower court’s decision, which correctly held that the school’s bathroom policy discriminates against transgender students in violation of the Equal Protection Clause and Title IX.


The NWLC previously filed an amicus brief in this case in March 2019, resulting in a great decision from an 11th Circuit panel in Andrew’s favor. But the full 11th Circuit has decided to revisit the opinion, placing Andrew’s win in jeopardy. NWLC brief explains why the court got it right the first time and describes the harms that would flow from a bad decision, while debunking the myths and stereotypes that the school’s arguments rely on. While the school claims that allowing transgender students to use the restroom in line with their gender identity would pose a risk to cisgender girls, they explain that there is no evidence that this is true. In fact, hundreds of schools across the country have, for years, allowed students to use the restroom consistent with their gender identity, with no effect on the safety of cisgender students. On the other hand, their brief explains that exclusionary restroom policies cause real harm to transgender students, who face greater risks to their safety and well-being in restrooms that do not align with their gender identity or who may forgo using the school restroom at all, to the detriment of their health. Excluding transgender students from the correct restrooms, we argue, violates these students’ right to a safe educational environment free from sex discrimination as promised by federal law. For these reasons, their brief urges the 11th Circuit to reject the false narratives underlying discriminatory school restroom policies and affirm the lower court’s decision.

June 30, 2025
Last week, the United States Supreme Court issued its decision in Medina v. Planned Parenthood South Atlantic , ruling 6–3 that individual Medicaid beneficiaries cannot sue state officials to enforce the “free-choice-of-provider” provision of the Medicaid Act. The Court’s decision could pave the way for states to exclude providers like Planned Parenthood from Medicaid programs, even when doing so limits access to essential reproductive and preventive health care -- and even when the sole basis for doing so is for ideological reasons. This ruling marks a significant setback for reproductive justice and health equity. By narrowing the ability of individuals to challenge state actions that restrict access to care, the Court has further eroded the legal tools available to protect the rights of patients who rely on Medicaid to access fundamental healthcare, including preventative and general care and access to contraception. Marginalized communities will likely be disparately affected. Justice Ketanji Brown Jackson, in a powerful dissent, emphasized the real-world consequences of the majority’s decision: “[T]oday’s decision is likely to result in tangible harm to real people. At a minimum, it will deprive Medicaid recipients in South Carolina of their only meaningful way of enforcing a right that Congress has expressly granted to them. And, more concretely, it will strip those South Carolinians—and countless other Medicaid recipients around the country—of a deeply personal freedom: the ‘ability to decide who treats us at our most vulnerable.’” NAWL is proud to have joined with the Women’s Bar Association of the District of Columbia in filing an amicus brief which underscored the importance of preserving legal avenues for patients to challenge discriminatory and harmful state policies. NAWL stands in solidarity with Planned Parenthood, reproductive rights advocates, and the millions of individuals whose access to care is now at greater risk. We urge our members and allies to continue advocating for a legal system that upholds the rights, health, and dignity of all people—regardless of income, identity, or geography. --- NAWL will continue the conversation at the 2025 Annual Meeting . Hear about this Supreme Court term’s major decisions affecting NAWL’s mission from Arabella Babb Mansfield Award Recipients and co-hosts of the Strict Scrutiny podcast: Leah Litman, Professor of Law at University of Michigan Law School; Melissa Murray, Professor of Law at New York University School of Law; and Kate Shaw, Professor of Law at University of Pennsylvania Carey Law School. Additionally, after a workshop screening of the film Zurawski v Texas , Cici Coquillette from the Center for Reproductive Rights and Cassie Ehrenberg from The Lawyering Project and Abortion Defense Network will specifically discuss the Medina decision.
Trans flag waving against a blue sky.
June 24, 2025
Last week, the United States Supreme Court issued its decision in United States v. Skrmetti , which upholds a Tennessee law (SB1) banning gender-affirming medical care —such as puberty blockers and hormones— for transgender minors. In the 6–3 decision, the Court held that SB1 does not warrant heightened scrutiny under the Equal Protection Clause, despite its discriminatory targeting of transgender youth by explicitly permitting hormone treatments and gender-affirming care for youth who identify as cisgender, while denying the same care for youth who identify as trans. This ruling has the potential to reshape access to health care and marks a profound erosion of the Equal Protection clause as a tool for challenging laws that disproportionately affect women and other marginalized groups. Justice Sonia Sotomayor, in a searing dissent, laid bare the consequences of the Court’s refusal to confront the reality of this legislation: “[T]he majority refuses to call a spade a spade. Instead, it obfuscates a sex classification that is plain on the face of this statute, all to avoid the mere possibility that a different court could strike down SB1, or categorical healthcare bans like it. The Court's willingness to do so here does irrevocable damage to the Equal Protection Clause and invites legislatures to engage in discrimination by hiding blatant sex classifications in plain sight. It also authorizes, without second thought, untold harm to transgender children and the parents and families who love them. Because there is no constitutional justification for that result, I dissent.” As an organization committed to advancing gender equity under the law, NAWL stands with transgender individuals, families, advocates, and scholars who continue this long fight. The Court’s application of rational basis review to state laws targeting a specific “medical use” may also have far-reaching negative consequences on gender health equity more broadly, including access to reproductive care. NAWL calls on its members and allies to speak out, support impacted communities, and work toward a legal system rooted in dignity, equity, and justice for all. --- NAWL will continue the conversation at the 2025 Annual Meeting during the session, “ U.S. v. Skrmetti : The Future of Gender Equity in Healthcare,” featuring National Center for LGBTQ Rights Legal Director Shannon Minter and Executive Director of the Williams Institute Christy Mallory .
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