ABSTRACT
A final transformation of Title IX was attempted on May 13, 2016 when the Office for Civil Rights and the Department of Justice jointly issued a letter declaring that Title IX also constituted a ban against discrimination based upon "gender identity". The letter had two goals. First, the directive aimed to provide broader Title IX protections to transgender students who identify as a sex other than their biological sex. Second, the letter intended to influence a pending court case that was likely to be heard by the Supreme Court. In order to achieve its goals, the Transgender Letter created new obligations under Title IX by promulgating a new definition of discrimination based upon sex. This chapter explores the implications of the 2016 Dear Colleague Letter and similar Title IX transformations for a constitutional system based upon the rule of law, separation of powers, and checks and balances. It focuses on a case study of a transgendered student named, Gavin Grimm.
