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Trump Will Lose the Fight Over Bathrooms for Transgender Students

Several hundred protesters demonstrated near the White House on Wednesday.   Credit On Wednesday evening, the Departments of Education and Justice, at the direction of President Trump, withdrew important guidance that required schools to treat transgender boys and girls like other boys and girls under Title IX, the 1972 federal law that prohibits sex discrimination in education. In a one-and-a-half-page letter, the government unceremoniously retreated from a position — that transgender students may not be excluded from restrooms and locker rooms that match their gender identity — which the Department of Education had held for at least four years. Despite those years of experience, the government claims that it needs to “further and more completely consider the legal issues involved.” But there is nothing new about the idea that sex discrimination includes discrimination against transgender people. To the contrary, courts have repeatedly reached that conc...