Amidst a recently intensified national debate regarding support for transgender students in schools, the U.S. Department of Justice (DOJ) and Department of Education (DOE) today issued new guidance setting out guidelines for how they will enforce Title IX of the Education Amendments of 1972’s prohibition against denying equal educational opportunities based on student’s sex. The guidance confirms that the DOJ and DOE interpret a student’s “sex” based on gender identity, or that person’s subjective or internal gender, as opposed to sex assigned at birth.
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