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1 1 (December 12, 2018)

handle is hein.crs/govyjs0001 and id is 1 raw text is: Title IX: Who Determines the Legal Meaning of Sex? December 12, 2018 Title IX of the Education Amendments of 1972 (Title IX) generally prohibits discrimination on the basis of sex in educational programs or activities that receive federal funding. Whether the statute's protection extends to bar discrimination based on a person's gender identity (i.e., according to a person's internal sense of gender), however, is unsettled. Federal agencies have taken shifting positions on the question in recent administrations, and federal courts have reached divergent decisions on the matter. In addition, recent news reports have claimed that an internal Department of Health and Human Services (HHS) memorandum, not publicly available, advocates for interpreting the term sex in Title IX to refer to a person's biological status at birth, but not a person's gender identity. Though not the primary agency responsible for enforcing Title IX, HHS administers the Patient Protection and Affordable Care Act (ACA), which bars discrimination in health programs that receive federal funding on the grounds prohibited by Title IX. Reports about a potential HHS memo invited some speculation that other agencies could follow suit and effectively end federal recognition of transgender status. More broadly, another federal civil rights statute, Title VII of the Civil Rights Act of 1964 (Title VII), bars discrimination on the basis of sex in the employment context; interpretation of its provision relating to sex discrimination often informs the interpretation of Title IX's prohibitions. The Supreme Court has been asked to resolve and address competing interpretations of Title VII's prohibition of discrimination because of sex. Accordingly, a definitive ruling on that statute's scope would likely inform judicial interpretation of the similarly worded prohibition against sex discrimination in Title IX. Against this backdrop, this Sidebar provides an overview of the principal federal agencies involved in interpreting and enforcing Title IX, the various interpretations of the term sex in Title IX reached by those agencies and federal courts, and the potential interplay among conflicting interpretations of a statutory term between courts and federal agencies. Federal Agencies' Role Enforcing and Implementing Title IX Title IX generally prohibits discrimination on the basis of sex against any person in the United States in any education program or activity receiving Federal financial assistance. Thus, educational institutions that receive federal funding, as well as non-educational institutions that conduct educational programs, are prohibited from discriminating based on sex in their academic offerings, scholarships, athletic opportunities, and other matters. Title IX protections are generally enforced in two ways. First, Congressional Research Service https://crsreports.congress.gov LSB10229 CRS Legal Sidebar Prepared for Members and Committees of Congress

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