US Faces Scrutiny in Bid to Implement Title IX Transgender Rule

A Fifth Circuit judge pressed the Education Department on the Biden Administration’s Title IX rule aiming to strengthen transgender protections in education, during oral arguments Monday, specifically citing spaces separated by sex, like bathrooms and locker rooms.

Judge Jerry E. Smith of the US Court of Appeals for the Fifth Circuit questioned the Education Department on whether the new rule would satisfy students’ privacy interests and asked whether cisgender girls would be deprived educational services in the areas of physical education class and intramural sports under the rule’s mandatory inclusion of transgender students.

“We have to understand how the real ...