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The Department of Justice's Civil Rights Division released a
March 26, 2021 memorandum explaining the
Division's position that Title IX prohibits discrimination on
the basis of transgender and sexual orientation status. In so
concluding, the Division seeks to expand to Title IX the U.S.
Supreme Court's decision in
Bostock v. Clayton
Cnty., which held that Title VII's definition of
"sex" prohibited discrimination on the basis of sexual
orientation and gender identity in the employment context.
The Division characterizes its advice as a supposed
"starting point" for federal agencies. But it is