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DOE BY & THROUGH DOE v. BOYERTOWN AREA SCHOOL DIST

No. 17-3113.

893 F.3d 179 (2018)

Joel DOE, a Minor, BY AND THROUGH his Guardians John DOE and Jane Doe; Macy Roe; Mary Smith; Jack Jones, a minor, by and through his Parents John Jones and Jane Jones, Chloe Johnson, a minor by and through her Parent Jane Johnson; James Jones, A Minor by and through his Parents John Jones and Jane Jones Appellants v. BOYERTOWN AREA SCHOOL DISTRICT; Dr. Brett Cooper, In his official capacity as Principal; Dr. E. Wayne Foley, In his official capacity as Assistant Principal; David Krem, Acting Superintendent Pennsylvania Youth Congress Foundation (Intervenor in D.C.).

United States Court of Appeals, Third Circuit.

Opinion Filed: June 18, 2018.

Attorney(s) appearing for the Case

Cathy R. Gordon, Esq. , Jacob F. Kratt, Esq. , Litchfield Cavo, 420 Fort Duquesne Boulevard, One Gateway Center, Suite 600, Pittsburgh, PA 15222, Randall L. Wenger, Esq. [ARGUED], Jeremy L. Samek, Esq. , Independence Law Center, 23 North Front Street, Harrisburg, PA 17101, Kellie M. Fiedorek, Esq. , Christiana M. Holcomb, Esq. , Alliance Defending Freedom, 440 First Street, N.W., Suite 600, Washington, D.C. 20001, Gary S. McCaleb, Esq. , Alliance Defending Freedom, 15100 North 90th Street, Scottsdale, AZ 85260, Attorneys for Appellant.

Michael I. Levin, Esq. [ARGUED], David W. Brown, Esq. , Levin Legal Group, P.C., 1800 Byberry Road, Suite 1301, Huntingdon Valley, PA 19006, Attorneys for Appellees.

Mary Catherine Roper, Esq. , American Civil Liberties Union of Pennsylvania, P.O. Box 60173, Philadelphia, PA 19102, Ria Tabacco Mar, Esq. [ARGUED], Leslie Cooper, Esq. , American Civil Liberties Union, 125 Broad Street, 18th Floor, New York, NY 10004, Amanda L. Nelson, Esq. , Cozen O'Connor, 45 Broadway, 16th Floor, New York, NY 10006, Harper Seldin, Esq. , Cozen O'Connor, 1650 Market Street, One Liberty Place, Suite 2800, Philadelphia, PA 19103, Attorneys for Intervenor-Appellee.

Before: McKEE, SHWARTZ and NYGAARD, Circuit Judges.

OPINION OF THE COURT

This appeal requires us to decide whether the District Court correctly refused to enjoin the defendant School District from allowing transgender students to use bathrooms and locker rooms that are consistent with the students' gender identities as opposed to the sex they were determined to have...

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