Bench Memos

Law & the Courts

Gender Confusion

I gather from gender activists that there are supposedly some 58 or 63 different gender identities—with more on the way, surely. These gender identities include “agender,” “androgynous,” “bigender,” “intersex,” “neither,” “neutrois,” “pangender,” and “all spirit.”

So if it’s the Obama administration’s position that Title VII requires that an employer provide access to restrooms and showers “consistent with gender identity” and that Title IX requires schools to provide restrooms and showers “that treat transgender students consistent with their gender identity,” how, pray tell, can that possibly be done? Isn’t the Obama administration relying on the old cisgender binary?

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