Supreme Court Case on Trans Rights

Ian Millhiser, a senior correspondent at Vox, reports on the ongoing legal challenges surrounding the Biden administration's Title IX regulations, particularly those related to transgender rights in education. While most of these regulations do not directly address transgender issues, they adopt the Supreme Court's Bostock decision, which expanded the definition of "sex" discrimination to include sexual orientation and gender identity. The regulations have faced scrutiny from lower courts, which criticized the administration for its adherence to Bostock's framework. Among the contested provisions, one asserts that schools discriminate if they require students to use restrooms or locker rooms inconsistent with their gender identity. However, the Bostock ruling does not explicitly guarantee this right, leaving the door open for further legal interpretation. The Justice Department is now appealing to the Supreme Court to reinstate certain provisions of the Title IX regulations that were struck down by lower courts. These include a definition of "on the basis of sex" that aligns with Bostock's interpretation. The department seeks to clarify the legal standing of these regulations, particularly in light of the ongoing debate over transgender students' rights to access facilities that correspond with their gender identity. As the legal landscape evolves, the Supreme Court's eventual decision will be pivotal in determining the extent of protections for transgender students under Title IX, a matter that remains contentious and unresolved.