Tim LeFever | Dec 11, 2015
You can be anything you want to be. This is apparently not just the motivational urging from a favorite teacher or coach, this is now the official policy of the Obama administration.
The Department of Justice recently argued this point in a brief filed in the case of a Virginia high school student born as a girl, but identifying as a boy. Justice’s Civil Rights Division said that “prohibiting a student from accessing the restrooms that match his gender identity is prohibited sex discrimination under Title IX” of the Education Amendments to the Civil Rights Act.
Of course Title IX says nothing about gender identity. The precise wording as properly quoted in the government brief is “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” However, DOJ claims that this seemingly unambiguous wording requires schools to let students use restrooms consistent with their perceived gender identity even when that is clearly at odds with their biological sex.