Section 7

Citation: Section 7
Parent Document: Bostock v. Clayton County, 590 U.S. 644 (2020)
Jurisdiction: United States (federal)
Effective Date: 2020-06-15
Original Source: https://www.courtlistener.com/opinion/4760997/bostock-v-clayton-county/ ↗

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sex with which they identify, and while the Court does not
define what it means by a transgender person, the term
may apply to individuals who are “gender fluid,” that is, in-
dividuals whose gender identity is mixed or changes over
time.45 Thus, a person who has not undertaken any physi-
cal transitioning may claim the right to use the bathroom
or locker room assigned to the sex with which the individual
identifies at that particular time. The Court provides no
clue why a transgender person’s claim to such bathroom or
locker room access might not succeed.
   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 Uni-
fied 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. ___
(2017); Adams v. School Bd. of St. Johns Cty., 318 F. Supp.
3d 1293, 1325 (MD Fla. 2018); cf. Doe v. Boyertown Area

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