Judge throws out Title IX argument in trans bathroom use case

By John Mack Freeman

Judge Robert Doumar has dismissed claims that Title IX protects trans students to use the bathroom of their appropriate gender identity. Title IX protects students from discrimination on the basis of sex. Via Buzzfeed:

The Justice Department had filed a statement of interest in the case, arguing that Grimm had a right to use the boys restrooms based on Title IX. The Justice Department had also submitted a letter to the court from the Department of Education arguing the same interpretation of Title IX as a general matter.

But Doumar pointed out that Title IX allows segregating single-sex facilities in general, like restrooms and locker rooms, for male and female students. And as such, he appeared to argue, transgender students can be segregated as well based on their birth sex. He suggested birth sex is solely at issue in Title IX, not a person’s chosen gender.

“I have no problem with transgender. I have a lot of problems with sex,” said Doumar. “I am convinced he is a biological female who wants to be a male.”

Grimm’s lawyers countered that the Supreme Court used gender and sex interchangeably.

The entirety of the judge’s argument seems to go against prevailing judicial and executive understanding of Title IX. Most judges have ruled that Title IX protects trans students from discrimination, and the federal Department of Education has established guidelines that protect trans students from discrimination based on Title IX. Although the court case is expected to be an uphill battle, the lack of consideration of a Title IX argument will lead to a probable appeal on those grounds.

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