by Zachary Kasdin*
Should courts extend the protections of Title IX of the Civil Rights Act to protect not only transgender students who identify within the binary genders “male” or “female,” but also to nonbinary, gender-nonconforming (“GNC”), and intersex students? In this Contribution, Zachary Kasdin (’24) analyzes the two leading doctrinal approaches to the question of whether a school discriminates against a transgender student “because of sex” when it denies that student access to whichever bathroom aligns with their gender identity. He then argues that, despite some difficulties, both approaches leave room for nonbinary, GNC, and intersex students to bring compelling Title IX claims in the school bathroom-access context.