The ACR Project filed at the Supreme Court an amicus brief supporting two Indiana school system’s cert. petition. You can see the full brief, below.
The petition asks the Court to resolve the deepening circuit split concerning the impact of the Equal Protection Clause and Title IX on federal funding recipients’ maintenance of separate bathrooms, locker rooms, and showers for the two biological sexes. Our brief addresses, specifically, how the Seventh Circuit Court of Appeals’s interpretation of Title IX is remarkably misguided, misreading the Court’s Bostock opinion to deny school systems the flexibility to handle the situations their transgender students face as specific circumstances require and to impose a one-size-fits-all approach untethered to any enactment with democratic legitimacy.