By Dr. Kwangho Park (Assistant Professor, The Citadel – The Military College of South Carolina or Troy University)
D.N.(Plaintiff), a 16-year-old high school student residing in Broward County, Florida, is a transgender girl who has identified and lived as female since early childhood. She was diagnosed with gender dysphoria at a young age, began hormone-blocking treatment, and legally changed both her gender marker and name. From elementary school onward, D.N. consistently participated in girls’ team sports, including soccer, basketball, and softball, and played on the girls’ volleyball team in high school.
On July 1, 2021, Florida enacted Senate Bill 1028 (SB1028), called the “Fairness in Women’s Sports Act,” which requires all public-school athletic teams to be designated based on a student’s biological sex at birth. Under this statute, only biological females are permitted to participate on girls’ teams. As a result, D.N. was prohibited from participating in her school’s volleyball team and later withdrew from in-person school due to the emotional distress caused by the enforcement of the law.
On June 29, 2021, D.N., represented by her parents, filed a suit against Florida Governor Ron DeSantis, Education Commissioner Richard Corcoran, and other state officials in their official capacities (Defendants). She alleged three violations of (1) Title IX of the Education Amendments of 1972 (Count I), (2) the Equal Protection Clause of the Fourteenth Amendment (Count III), and (3) her constitutional right to privacy under the Due Process Clause (Count II).
On the Title IX claim, D.N. argued that SB 1028 unlawfully discriminated against her based on her gender identity. The defendants moved to dismiss the complaint, arguing that the statute applies equally to all biological males, advances the legitimate state interest of protecting fairness in women’s sports, and relies on biological differences rather than stereotypes or animus. In a November 2023 ruling, the U.S. District Court for the Southern District of Florida dismissed the Title IX claim, holding that Title IX prohibits discrimination on the basis of sex, not including gender identity, under Eleventh Circuit precedent relying in Adams v. School Board. of St. Johns County (2022).
D.N. also alleged that SB 1028 infringed upon her constitutional right to privacy by forcing the disclosure of her transgender identity, exposing her to unwanted scrutiny, and compromising her bodily autonomy and medical privacy. She framed this as a form of compelled outing, claiming that the statute coerced her to reveal deeply personal information in an emotionally and politically hostile environment. In its November 2023 ruling, the court rejected this claim as well, reasoning that SB 1028 merely requires verification of biological sex based on official birth records and does not compel disclosure of private medical information or impose invasive procedures. Furthermore, the court emphasized that participation in school athletics is not a constitutionally protected fundamental right, and that the statute’s requirements did not rise to the level of a due process violation. The privacy claim was dismissed with prejudice.
Regarding the Equal Protection Clause, D.N. argued that the statute disproportionately affected only transgender girls and pointed to discriminatory legislative statements and the state’s refusal to adopt less discriminatory alternatives, such as prior policies from the Florida High School Athletic Association (FHSAA) or the NCAA. While the court dismissed the other claims in November 2023, it allowed D.N. to file an amended complaint limited to the Equal Protection claim.
D.N. subsequently filed an amended complaint asserting a single Equal Protection claim on January 11th, 2024, relying on Village of Arlington Heights v. Metropolitan Housing Development Corp. (1977), which outlines eight factors, such as legislative history, foreseeability of impact, statements by lawmakers, and the availability of alternatives, for determining whether facially neutral laws are motivated by discriminatory intent.
In its final decision on December 18, 2024, the court acknowledged that D.N. plausibly alleged disparate impact and foreseeability. However, it concluded that the totality of evidence did not support the finding of invidious discriminatory intent by the Florida Legislature. Moreover, citing the Eleventh Circuit precedent, the court reiterated that transgender status is not a quasi-suspect classification, meaning that the law was subject only to rational basis review. Applying that standard, the court held that SB 1028 served a legitimate state interest, protecting fairness and opportunities in women’s athletics, and that the statute’s reliance on biological sex classifications was rationally related to that interest. Therefore, D.N.’s Equal Protection claim was dismissed with prejudice, concluding that SB 1028 did not violate the Constitution.
Although the court expressed sympathy for D.N.’s identity and acknowledged that the law could result in unfair outcomes for individuals, it maintained that as long as a law does not violate the Constitution, the decisions of a democratically elected legislature must be respected. This decision exemplifies how the concept of “fairness” in athletic participation can be legally grounded in biological classifications, while also revealing the constitutional limits of inclusion.
This decision functions as a benchmark for the current boundaries of transgender rights recognition in federal courts and leaves open a legal path that could be revisited through future, legislative changes or potential review by the Supreme Court.
D.N. v. Desantis (21-CV-61344), Done 12/18/24.
