Roe

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

REBECCA ROE, by and through her No. 23-2807 parents and next friends, Rachel and Ryan Roe; SEXUALITY AND D.C. No. GENDER ALLIANCE, an association, 1:23-cv-00315-

DCN

Plaintiffs-Appellants,

v. OPINION

DEBBIE CRITCHFIELD, in her official capacity as Idaho State Superintendent of Public Instruction;

IDAHO STATE BOARD OF

EDUCATION; LINDA CLARK,

WILLIAM G. GILBERT, JR., DAVID

HILL, SHAWN KEOUGH, KURT

LIEBICH, CALLY J. ROACH, and CINDY SIDDOWAY, in their official capacities as members of the Idaho State Board of Education;

INDEPENDENT SCHOOL

DISTRICT OF BOISE CITY #1;

DAVID WAGERS, MARIA

GREELRY, NANCY GREGORY,

ELIZABETH LANGLEY, BETH

OPPENHEIMER, SHIVA

RAJBHANDARI, in their official capacities as members of the Independent School District of Boise City #1 Board of Trustees; COBY DENNIS, in his official capacity as Superintendent of the Independent School District of Boise City #1,

Defendants-Appellees.

Appeal from the United States District Court for the District of Idaho David C. Nye, Chief District Judge, Presiding

Argued…