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The preliminary injunction granted in the Texas case has broader implications than the one issued by the Supreme Court, also prohibiting the Obama administration from “initiating, continuing, or concluding any investigation” based on its interpretation that Title IX applies to gender identity, an issue the Supreme Court did not address.
A group of civil rights organizations that submitted a joint friend-of-the-court brief in favor of the Obama administration’s defense issued a statement that they would “continue to file lawsuits representing transgender students and litigate them to the fullest extent of the law.” Those groups, which include Lambda Legal, American Civil Liberties Union and ACLU of Texas, National Center for Lesbian Rights, Transgender Law Center, and GLBTQ Legal Advocates & Defenders, instructed schools to continue allowing transgender students into the bathrooms and locker rooms that correspond with their gender identity.
“It cannot be disputed,” O’Connor wrote, that the meaning of the term “sex” in Title IX “meant the biological and anatomical differences between male and female students as determined by their birth.” Title IX is the federal statute that bans discrimination on the basis of sex in any educational institution that receives government funding.
The issue of whether Title IX applies to gender identity has divided the country, with liberals arguing that access to private facilities in accordance to a student’s gender identity is a basic civil right, while conservatives say opening bathrooms, locker rooms, and showers to students of the opposite biological sex would violate the safety and privacy rights of the rest of the student body. 4, the Supreme Court got involved, issuing a similar ruling as the one handed down in Texas.
In that case, the justices allowed a Virginia school system to temporarily keep its bathrooms separated by biological sex until lawyers for the school district file an appeal, despite arguments that doing so would leave a transgender student, Gavin Grimm, isolated from the rest of the student body.