From today’s decision by Judge Jodi Dishman (W.D. Okla.) in Bridge v. Oklahoma State Dep’t of Ed.:
“Physical differences between men and women … are enduring” and the “‘two sexes are not fungible….'” United States v. Virginia(1996). In fact, “sex, like race and national origin, is an immutable characteristic ….” Frontiero v. Richardson (1973) (plurality opinion). With these principles in mind, the Court tackles a question that has not yet been addressed by the Supreme Court of the United States or the United States Court of Appeals for the Tenth Circuit: whether separating the use of male and female restrooms and changing areas in public schools based on a student’s biological sex violates the Equal Protection Clause … or Title IX ….
{In Bostock v. Clayton County, Georgia, the Supreme Court held that an employer who fires an individual for being homosexual or transgender unconstitutionally discriminates against that person because of sex under Title VII. However, the Supreme Court also made clear that its opinion did “not purport to address bathrooms, locker rooms, or anything else of the kind.”}
The court upheld Oklahoma’s S.B. 615, which provides: