<p>The memo, dated March 26 but just reported today by <a href="//thehill.com/homenews/administration/546535-doj-tells-agencies-that-gay-and-transgender-students-are-protected-by" rel="noopener noreferrer" target="_blank">The Hill</a> and <a href="//lawandcrime.com/high-profile/doj-relies-on-gorsuchs-bostock-opinion-in-telling-federal-agencies-title-ix-anti-discrimination-protections-apply-to-gay-and-transgender-students/" rel="noopener noreferrer" target="_blank">Law & Crime</a>, was authored by the same attorney who <a href="//law.stanford.edu/2020/06/18/arguing-at-the-court-pam-karlan-discusses-zarda-and-the-lgbtq-win-for-employment-rights/" rel="noopener noreferrer" target="_blank">argued</a> part of a major LGBTQ case before the U.S. Supreme Court, <a href="//www.thenewcivilrightsmovement.com/2020/06/supreme-court-rules-discrimination-against-lgbtq-people-is-illegal/" rel="noopener noreferrer" target="_blank">and won</a>. That case paved the way for this new memo.</p><p>Pamela Karlan in 2019 argued in <a href="//www.thenewcivilrightsmovement.com/?s=Bostock" rel="noopener noreferrer" target="_blank">the landmark <em>Bostock</em> case</a>, telling the Court in no uncertain terms: "When a employer fires a male employee for dating men but does not fire female employees who date men, he violates Title VII. The employer has…discriminated against the man because he treats that man worse than women who want to do the same thing. And that discrimination is because of sex."</p><p>The Court ruled 6-3 that anti-LGBTQ discrimination is sex discrimination and therefore illegal.</p><p>"After considering the text of Title IX, Supreme Court caselaw, and developing jurisprudence in this area, the Division has determined that the best reading of Title IX's prohibition on discrimination 'on the basis of sex' is that it includes discrimination on the basis of gender identity and sexual orientation," wrote Karlan, who now serves as the Principal Deputy Assistant Attorney General for the Civil Rights Division of the DOJ.</p><p>Karlan's memo, along with a broader <a href="//www.thenewcivilrightsmovement.com/2021/01/bidens-lgbtq-executive-order-is-just-the-start-here-are-the-other-pro-equality-actions-the-administration-is-taking/" rel="noopener noreferrer" target="_blank">Biden executive order</a>, reverses a Trump executive order specifically stating that the <em>Bostock</em> ruling was to be narrowly applied only to employment.</p><p>Karlan is also the same attorney who testified during Trump's first impeachment, <a href="//www.thenewcivilrightsmovement.com/2019/12/watch-constitutional-scholar-pamela-karlan-explains-why-trumps-actions-have-all-the-elements-of-bribery/" rel="noopener noreferrer" target="_blank">explaining why his actions constitute bribery</a>.</p><p>As Slate's Joseph Michael Stern <a href="//twitter.com/mjs_DC/status/1379140625942077443" rel="noopener noreferrer" target="_blank">notes</a>, "Pam Karlan is one of very few people to win a civil rights case at the Supreme Court then implement that decision as a federal civil rights official. That's gotta feel good."</p><p>For her, and for <a href="//williamsinstitute.law.ucla.edu/wp-content/uploads/LGBT-Youth-US-Pop-Sep-2020.pdf" rel="noopener noreferrer" target="_blank">millions of LGBTQ students</a>.</p>
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