Federal Court: Schools May Not Provide Separate Bathrooms Based on Biology

The Daily Signal reports:

On Tuesday, the Fourth Circuit Court ruled against a Virginia school district that sought to accommodate a transgender student while also protecting the privacy rights of other students.

The court concluded that Title IX of the Education Amendments of 1972—which prohibits discrimination on the basis of sex—should be interpreted as prohibiting discrimination on the basis of gender identity, as a Department of Education letter suggested in 2015. The ruling allows a lawsuit brought by a transgender student to proceed.

The case involves a biological girl who identifies as a boy. The court’s majority explains it this way: “G.G.’s birth-assigned sex, or so-called ‘biological sex,’” is female, but G.G.’s gender identity is male.” Note the scare quotes around what the court calls “so-called ‘biological sex.” Biological sex, in fact, is precisely what Congress protected in 1972.

In a stinging dissent, Judge Paul Niemeyer points out that “the majority’s opinion, for the first time ever, holds that a public high school may not provide separate restrooms and locker rooms on the basis of biological sex.” It’s hard to imagine that that’s what Congress was prohibiting when it enacted Title IX in 1972.

How much longer can sex-segregated sports teams last?