On July 24, 2013, the U.S. Department of Justice announced that it had reached an agreement with the public-school district of Arcadia, Calif., for the resolution of certain “sex discrimination” claims. The case involves a girl who desires to use boys’ facilities, such as restrooms and locker rooms, to be housed with the boys in “sex-specific overnight accommodations at a school-sponsored trip,” etc. In doing so, the DOJ cites Title IX of the Education Amendments of 1972 and Title IV of the Civil Rights Act of 1964, which, in the department’s words, “prohibit discrimination against students based on sex.” But the girl is not being discriminated against because of her sex. Even the DOJ implicitly concedes as much. Rather, the problem is her “gender identity,” which is, the DOJ reports, male. Having invoked those magic words, the DOJ is empowered to commit violence upon language and reason both, describing its investigation into “allegations of discrimination against a transgender student based on the student’s sex,” that being the sex of a student “whose gender identity is male and who has consistently and uniformly presented as a boy at school and in all other aspects of his life for several years,” and who henceforth “will be treated like other male students.”
The DOJ has placed its imprimatur upon a fantasy involving a legendary creature: the person of one sex trapped in the body of a person of another sex.