A Sixth Circuit judge on Wednesday pressed an attorney for the Education Department on why its rule barring discrimination based on sexual orientation and gender identity in federally-funded schools doesn’t run into problems because of a few select words in the law used as its backing.
Judge Richard Allen Griffin questioned whether the government wrongly applied the Supreme Court’s 2020 holding in Bostock v. Clayton Cnty., which said Title VII of the Civil Rights Act of 1964 protects employees against discrimination because of sexual orientation or gender identity, to the rule under the education-focused Title IX.
That’s because ...
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