DOJ: SCOTUS Transgender Ruling Will Not Affect Women's Sports, Bathrooms Unless Congress Rewrites Title IX

DOJ: SCOTUS Transgender Ruling Will Not Affect Women's Sports, Bathrooms Unless Congress Rewrites Title IX


Mainstream activists are cheering a justice department memo that says the Supreme Court’s pro-transgender decision in 2020 does not apply to single-sex sports, education practices, and sexual privacy.

“The Department’s regulations recognizing the male/female biological binary [in athletics] carry extra weight and interpretative authority because they were the product of uniquely robust and direct Congressional review,” says the January 8 memo, titled “Memorandum for Kimberly M. Richey.”

“[B]ased on controlling authorities, we must give effect to the ordinary public meaning at the time of enactment and construe the term ‘sex’ in Title IX to mean biological sex, male or female,” says the memo, which was signed by Reed Rubinstein, the department’s principal deputy general counsel. “Congress has the authority to rewrite Title IX and redefine its terms at any time [and] To date, however, Congress has chosen not to do so, ” said the memo, which was sent to Kimberley Richey, the

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