HOT! HOT! HOT!: Here’s the legal argument for why the new Biden transgender bathroom, locker room, shower proposals (and the Obama Era guidance on the same issue) are contrary to law. This 4-page comment was submitted by Pete Kirsanow and me to the U.S. Department of Education in response to its Title IX proposals. It’s just a sketch of the argument … almost more a logic puzzle than anything else. If the issue ever reaches litigation, it will need to be fleshed out. But I think it’s definitely worth a read. (Note that Justice Gorsuch’s quirky opinion in the the Bostock case helps rather than hurts our analysis.)
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