Wisconsin Institute for Law and Liberty has filed a conditional motion to intervene and to participate as a friend of the court in a lawsuit recently filed against the Elkhorn School District for designating separate bathrooms based on biological sex. Title Nine explicitly allows for sex-separated bathrooms. At the time of Title Nine’s adoption, “sex” undoubtedly referred to “biological sex,” which was defined by biology and reproductive function.
Kudos to Elkhorn School District for not yielding to cultural pressure and upholding a common-sense, safety-driven policy regarding bathrooms. Also, many thanks to WILL for representing an association of brave school-district parents and seeking to get directly involved in this case, supporting the district’s policy that is in line with the proper interpretation of Title Nine.
