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24 Duke J. Gender L. & Pol'y 1 (2016-2017)

handle is hein.journals/djglp24 and id is 1 raw text is: Transgender Bathroom Rights CATHERINE JEAN ARCHIBALD* No State shall ... deny to any person within its jurisdiction the equal protection of the laws. - Fourteenth Amendment to the United States Constitution, Section 1 No person ... shall, on the basis of sex, . . . be subjected to discrimination under any education program or activity receiving Federal financial assistance. - Title IX of the Education Amendments of 1972 A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex .... - Implementing regulation of Title IX of the Education Amendments of 1972 at 34 C.F.R. § 106.33 After winning the right to same-sex marriage in all 50 states in June, 2015, the LGBT community is once again battling in court for its rights, this time for the right of transgender people to use bathrooms and locker rooms that match their gender identity. In its Dear Colleague Letter on Transgender Students, the Federal Government has recently interpreted federal law as requiring that transgender students be permitted to use bathroom and locker rooms that correspond with their gender identity in schools receiving federalfunding. In two separate lawsuits, 20 states have challenged the legitimacy of this interpretation. This Article examines the current court battles over transgender bathroom and locker room rights and discusses possible outcomes of the most contentious legal issues in dispute. These issues include: the procedures used by the Federal Government in issuing its interpretation; the substantial legitimacy of the interpretation; and the Constitutional authority of the Federal Government to issue its interpretation. The Article concludes that courts should uphold the Federal Government's recent interpretation offederal civil rights law because the Federal Government's interpretation is a reasonable interpretation, lawfully issued, that mirrors the best medical and psychiatric practices for the protection and inclusion of a vulnerable group. Copyright @ 2016 by Catherine Jean Archibald * Catherine Jean Archibald is an Assistant Professor of Law at the University of Detroit Mercy School of Law. She received an A.B. from Princeton University in 2000, a J.D. from Michigan State University College of Law in 2007, and an LL.B. from the University of Ottawa Faculty of Law in 2008. The author is grateful for the support and comments from Professors Erin Archerd, Cara Cunningham Warren, Lee Goldman, Karen Henning, Gary Maveal, Patrick Meyer, and Julie St. John. 1

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