A provocative new argument is emerging in the ongoing debate over the interpretation of Title IX, a landmark federal law aimed at preventing sex-based discrimination in education. Critics of the Biden administration's stance on sex and Title IX are now questioning why the law's protections should apply in some states but not others, depending on their own definitions of sex. The question, posed by a recent court filing, highlights the widening rift between those who believe sex is a biological reality and those who argue it's a fluid concept. As the courts continue to grapple with the implications of this shift, one thing is clear: the future of Title IX and its application in the US is more uncertain than ever.
Title IX is a federal law. If sex is real under Title IX, why should the law apply in West Virginia but not in California?
