Revised op in Doe v. Boyertown reiterating that schools may treat trans boys and girls like other boys and girls. /1 https://www.aclu.org/legal-document/doe-v-boyertown-area-school-district-revised-opinion …pic.twitter.com/CcMKgbtsBs
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The earlier decision said that Title IX requires schools to allow trans students to use facilities that match their gender identity. Today, the panel said it didn't need to decide that question to find that the school's choice to do so harms no one and is perfectly legal.
So why the dissent?
The dissenting judges would have refrained even from suggesting that Title IX requires schools to allow trans students to use facilities that match their gender identity because, in their view, it wasn't necessary to decide this case.
Of course, that "suggestion" is exactly what the Seventh Circuit held last year, as today's opinion points out.
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