On Monday, the Supreme Court vacated and remanded the 4th Circuit Court’s decision in Gloucester County School Board v. G.G. The Court had held that states must defer to the view expressed in Obama’s Department of Education (DOE) guidance letter last year that the word “sex” in Title IX includes “gender identity”. The justices sent the case back to the 4th Circuit in light of Trump’s withdrawal of the Obama guidance. The 4th Circuit will now have to decide if it will give the same deference to the new view of the DOE under Trump that sex means biology.
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