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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bostock v. Clayton County, 590 U.S. 644 (2020)

Citation
Bostock v. Clayton County, 590 U.S. 644 (2020)
Parent Document
Bostock v. Clayton County, 590 U.S. 644 (2020)
Effective Date
2020-06-15

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A similar issue has arisen under Title IX, which prohibits sex discrimination by any elementary or secondary school and any college or university that receives federal financial assistance.46 In 2016, a Department of Justice advisory warned that barring a student from a bathroom assigned to individuals of the gender with which the student identifies constitutes unlawful sex discrimination,47 and some lower court decisions have agreed. See Whitaker v. Kenosha Unified School Dist. No. 1 Bd. of Ed. , 858 F.3d 1034, 1049 (CA7 2017) ; G. G. v. Gloucester Cty. School Bd. , 822 F.3d 709, 715 (CA4 2016), vacated and remanded, 580 U.S. ----, 137 S.Ct. 1239, 197 L.Ed.2d 460 (2017) ; Adams v. School Bd. of St. Johns Cty. , 318 F.Supp.3d 1293, 1325 (MD Fla. 2018) ; cf. Doe v. Boyertown Area