The Supreme Court Of The United States Essay

1881 Words Dec 21st, 2016 8 Pages
Theodora Ene December 22nd, 2016 Constitutional History D
PBA OPINION PAPER

(1) QUESTIONS BEING PRESENTED/ INTRODUCTION
There are two questions being considered in this case, according to the Supreme Court of the United States are as follow: (1) Whether courts should extend deference to an unpublished agency letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought; and (2) whether, with or without deference to the agency, the Department of Education 's specific interpretation of Title IX, which provides that a funding recipient providing sex-separated facilities must “generally treat transgender students consistent with their gender identity,” should be given effect.
After considering the facts and the precedent cases, we are first upholding Auer Deference on behalf of the respondent, and we rule that the unpublished D.O.E. letter must in fact be granted deference. Second, after considering all of the facts we have come to the conclusion that due to changing times and broadening terms, the term “sex” can no longer solely mean biological sex and must also include factors such as gender, gender identity, and sexual orientation, and we believe that it schools are to treat transgender students consistent with their gender identity or it would be a violation under the Title IX acts.

(2) FACTS OF THE CASE AND PROCEDURAL HISTORY

GG is a transgender boy who lives all aspects of…

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