Wait, Can He Actually Do That? Anti-Trans Update and Reprise
This will be my third and final rerun for the week, but, as with the other two, it comes with a preface based on current events. On February 11, I published "Wait, Can He Actually Do That? Part 5: Transgender Athletes Under Title IX," in which I described and critiqued President Trump's Executive Order banning transgender girls and women from participating in girls' and women's sports at federally funded educational institutions, ostensibly under the authority of Title IX. I have reproduced that essay below. But first, there's an update in the ongoing backlash against trans rights. Yesterday, in United States v. Skrmetti , the Supreme Court, by a 6-3 vote on ideological lines, upheld Tennessee's ban on gender-affirming care (puberty blockers and hormones) for minors against an equal protection challenge. In principle, the case does not have direct implications for the interpretation of Title IX. Indeed, the Court goes out of its way to say that it need...