A Federal Circuit court ruled today that a local Virginia school board violated the law by not allowing a girl to duse the boys’ restroom.

If the convoluted decision survives, according to the judge who opposed the two-to-one decision, schools “could never meaningfully provide separate restrooms and locker rooms on the basis of sex … [and] privacy concerns would be left unaddressed.” The decision is “illogical and unworkable,” Judge Paul Niemeyer said.

In G.G. v. Gloucester Country School Board, the 2-1 court determined that the school board discriminated “on the basis of sex” in violation of Title IX.

Roughly one in every 330 Americans change their name from one sex to the other sex.

Title IX explicitly bans discrimination based on sex, but the Department of Education told the school district last year that discrimination based on the new idea of “gender identity” is the same as discrimination based on biological sex.

Specifically, the policy was imposed via an agency letter — not a regulation — in which officials say, “When a school elects to separate or treat students differently on the basis of sex … a school generally must treat transgender students consistent with their gender identity.”

The entire case hinged completely on this letter from agency officials, even though the notion of gender identity was not known to the congressional drafters of Title IX back in the 1970s.

G.G. is a young girl who announced not long ago that she is a boy and had always felt like a boy. Her parents allowed this to proceed, and the School District allowed her use a private bathroom that was also open to all other students. The girl said this caused her anxiety and she demanded use of the boys’ restroom.

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