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Is School Policy for Transgender Student Bathroom Use Discriminatory Under Title IX? | Rumberger | Kirk


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School’s Policy Prohibiting the Presence of a Transgender Student in the Restroom That Matches Their Gender Identity May Be Unlawful Discrimination
School boards have long known that gender stereotyping is not allowed under Title IX of the Education Amendment’s prohibition on discrimination “because of sex.” However, there has been some confusion over whether this prohibition also covers discrimination based upon gender identity (what sex a student identifies as) and whether Title IX requires schools to treat students consistent with their gender identities rather their biological sex. ....

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