Here’s a really great piece on bathrooms, Title VII and Title IX, and the “Dear Colleague” letter the DOE published. It explains clearly what the issues are, such as:
So is the Obama administration making a rule that trans people must be permitted to use the bathroom that aligns with their gender identity, or is it interpreting an existing rule?
With respect to Title IX, the DOE issued a “Dear Colleague” letter—which it says is simply a guidance document, not a new rule. The regulations permitting separate bathrooms for boys and girls were unclear about where trans students fit, and the administration decided to let them decide for themselves based on their gender identity.
and they answer other questions such as:
- What is Title VII?
- What is Title IX?
- But why do they think “sex” includes gender identity?
- But didn’t these agencies just decide that “sex” in Title VII and Title IX includes gender identity? Can they do that? Isn’t that something Congress should do?
But it’s the advice at the end that made me laugh:
You’re now well-equipped to argue, with the law as your weapon, that the Obama administration did a good and legal thing when it decided to recognize the dignity of trans students, and you can tell everyone who is gripped by the bathroom panic to either calm down or suck it up.