MASSACHUSETTS’ “QUESTION 3” ON TRANSGENDER BATHROOM LAW: Today Massachusetts voters will decide whether to retain or repeal a law requiring public accommodations to allow transgender individuals to use the bathroom that matches their psychological gender rather than their biological anatomy. (In the absence of such a law, the owner of the facilities would have discretion over the issue.) As the Boston Globe’s Jeff Jacoby writes, at least one poll indicates that the law will probably be retained.

In a related matter, here are the reasons that Attorney General Sessions’ decision to withdraw the Obama Administration’s transgender bathroom guidance was correct on the law.

These issues are related, but they are not the same. Sessions’ position was simply that Title IX does not address the transgender issue. Federally-funded schools should therefore be able to assign bathrooms based on sex (i.e. anatomy), gender (i.e. psychological identification) or the number of letters in your surname. It’s up to the school, not the feds. Massachusetts voters, on the other hand, are facing a policy question. Should they support a law that requires public accommodations to allow transgender individuals to use the bathroom they prefer? Or should that law be repealed in favor of an approach that allows for discretion on the part of the owner of the facilities? I report, Bay Staters decide.