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.https://leagle.com/images/logo.png
Matthew J. Clark , Foundation for Moral Law, 1 Dexter Avenue, Montgomery, AL 36104, L. Theodore Hoppe, Jr. , 2 South Orange Street, Suite 215, Media, PA 19063, Counsel for Amicus Appellants'.
Michael I. Levin [ARGUED], David W. Brown , Levin Legal Group, P.C., 1800 Byberry Road, Suite 1301, Huntingdon Valley, PA 19006, Attorneys for Appellees.
Mary Catherine Roper , American Civil Liberties Union of Pennsylvania, P.O. Box 60173, Philadelphia, PA 19102, Ria Tabacco Mar [ARGUED], Leslie Cooper , American Civil Liberties Union, 125 Broad Street, 18th Floor, New York, NY 10004, Amanda L. Nelson , Cozen O'Connor, 45 Broadway, 16th Floor, New York, NY 10006, Harper Seldin , Cozen O'Connor, 1650 Market Street, One Liberty Place, Suite 2800, Philadelphia, PA 19103, Attorneys for Intervenor-Appellee.
Alice O. Brien , National Education Association, Office of General Counsel, 1201 16th Street, N.W., Washington, DC 20036, Omar Gonzalez-Pagan , Lambda Legal, 120 Wall Street, 19th Floor, New York, NY 10005, Cynthia C. Robertson , Pillsbury Winthrop Shaw Pittman, 1200 17th Street, N.W., Washington, DC 20036, Aaron M. Panner , Kellogg Hansen Todd Figel & Frederick, 1615 M. Street N.W., Suite 400, Washington, DC 20036, Maureen P. Alger , Kara C. Wilson , Cooley, 3175 Hanover Street, Palo Alto, CA 94304, Shannon P. Minter , Amy Whelan , National Center for Lesbian Rights, 870 Market Street, Suite 370, San Francisco, CA 94102, Nicholas S. Feltham , Drinker Biddle & Reath, One Logan Square, Suite 2000, Philadelphia, PA 19103, Terry L. Fromson , Women's Law Project, 125 South 9th Street, Suite 300, Philadelphia, PA 19107, Mary J. Eaton , Wesley R. Powell , Willkie, Farr & Gallagher, 787 Seventh Avenue, New York, NY 10019, Ryan M. Moore , Dechert, 2929 Arch Street, 18th Floor, Cira Centre, Philadelphia, PA 19104, Jesse R. Loffler , Janice Mac Avoy , Fried Frank Harris Shriver & Jacobson, One New York Plaza, New York, NY 10004, Counsel for Amicus Appellees'.
Before: McKEE, SHWARTZ and NYGAARD, Circuit Judges.
OPINION OF THE COURT
McKEE, Circuit Judge.
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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