"In 2017 the Seventh Circuit endorsed a similar argument in Whitaker By Whitaker v. Kenosha Unified School District. It held that both Title IX and the Equal Protection clause require schools to respect students’ gender identification when assigning them to sex-segregated facilities. Nowhere in its long opinion did the unanimous panel discuss the meaning of the key statutory word, “sex.” Instead, it focused entirely on the term invoked by the Supreme Court, “sex stereotyping (...)
The appeal of this argument is readily apparent: no one wants to claim that they have acted on the basis of a stereotype; we pride ourselves in viewing each person as an individual. But in the hands of some judges and administrators, cheered on by many advocacy groups and legal academics, the regulatory attack on stereotyping has been extended to an assault on almost all conventional understandings of sex, sex differences, and sexuality. No longer is the argument simply that our biology should not limit our opportunities and aspirations. Now the argument is that gender and biology should be regarded as completely unrelated."
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