James Finn
1 min readApr 8, 2021

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I was just reading some horror stories yesterday about schools doing genital inspections to enforce gendered restroom user rules. Show your birth certificate young lady, or whip your drawers down. Truly absurd.

These new state laws though, and thank goodness, are going to face stringent federal legal challenges. Schools that want to discriminate against transgender athletes are going to go up against Title IX, which supersedes state law. Many states that have passed these restrictive laws know that, but they’re doing it as a sort of a dog and pony show and also as a legal challenge to Title IX itself.

It’s difficult to imagine that a state could get this kind of restrictive legislation past Bostock scrutiny, but of course anything could happen.

I guess what we have to do now is hope and pray that Trump’s judicial appointments haven’t skewed the system so badly that judges will disregard last year’s Bostock v Clayton County.

The DOJ is definitely going to go to bat for trans kids. They announced their interpretation Monday, saying Bostock definitely applies, and Title IX categorically bars discriminating against transgender students.

That’s by no means the end of the story, but it is very helpful.

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James Finn
James Finn

Written by James Finn

James Finn is an LGBTQ columnist, a former Air Force intelligence analyst, an alumnus of Act Up NY, and an agented but unpublished novelist.

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