Today a federal court ruled that schools may not provide separate bathrooms based on biology. Let that sink in.
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.