ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book chronicles five critical moments in Title IX's development, each of which has played a significant role in transforming the meaning of sex equality and discrimination "on the basis of sex". It lays out the Supreme Court's adoption of an expanded notion of sex discrimination, which paves the way for two additional transformations of Title IX—the discovery of a newly defined right and the creation of an additional form of actionable sex harassment. The book then explores the implications of Assistant Secretary for Civil Rights Russlynn Ali's 2011 Dear Colleague Letter, which creates new Title IX policy without congressional or public oversight. It also discusses the attempt by Catherine E. Lhamon and Vanita Gupta to transform Title IX into a ban against gender-identity discrimination by issuing a 2016 Transgender Guidance without congressional oversight or public input.