THE TRANSGENDER BATHROOM WARS CONTINUE IN VIRGINIA: Meanwhile, if you are looking for a legal explanation of why Title IX does not require schools to allow transgender students to use the showers of the sex they identify with, here is my amicus brief (with Peter Kirsanow) in the G.G. case.

One thing has changed since that brief was written.  When the Trump Administration withdrew the Title IX guidance on the use of bathrooms, showers and locker rooms by transgender students, the part about deference to agency guidances became outdated.  But the basic argument pushed by the now-withdrawn guidance remains–that Title IX demands that transgender students be assigned to the facilities of the sex they identify with.