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The U.S. Department of Education has released an internal memorandum from its acting general counsel that stakes out the view that “sex” in Title IX refers only to biological sex, and that schools do not violate the law by refusing to allow transgender students to use restrooms and locker rooms or participate in athletics consistent with their gender identity.
“[B]ased on controlling authorities, we must give effect to the ordinary public meaning at the time of enactment and construe the term ‘sex’ in Title IX to mean biological sex, male or female,” says the Jan. 8 memorandum from Reed D. Rubinstein