The Supreme Court unceremoniously denied review Tuesday in a case that would have clarified once and for all whether separating bathrooms based on biological sex violates either Title IX of the Education Amendments of 1972 or the equal protection clause of the Constitution.
Now, the nation must wait with bated breath for publication of the Department of Education’s final Title IX rule. That Biden administration rule promises to upend decades of sex equality in education by allowing students in a federally funded school to use the bathroom that corresponds to their gender identity, rather than their biological sex.
In the case Martinsville School District v. A.C., a biological girl who “identified” as a boy sought access to the boys’ restrooms at her middle school. Per the policy of Indiana’s Martinsville school district, the girl’s requests were denied; however,…
