The U.S. Court of Appeals for the Eleventh Circuit was heavily divided in ruling that a Florida school’s policy to separate bathrooms based on biological sex was not a violation of either Title IX or the Equal Protection Clause of the Fourteenth Amendment.

A plaintiff, a transgender boy named Drew Adams, brought claims against the school board of St. Johns County challenging what the court called “the unremarkable—and nearly universal practice of separating school bathrooms based on biological sex.”