USCA11 Case: 18-13592 Document: 304-1 Date Filed: 12/30/2022 Page: 35 of 150
B. The Bathroom Policy Does Not Violate Title IX
Title IX was passed as part of the Education Amendments of 1972 and “patterned after” the Civil Rights Act of 1964. Cannon v. Univ. of Chi., 441 U.S. 677, 694–96 (1979). The statute mandates that, subject to certain exceptions: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance … .” 20 U.S.C. § 1681(a). Its purpose, as derived from its text, is to prohibit sex discrimination in education. See United States v. Bryant, 996 F.3d 1243, 1264 (11th Cir. 2021) (“As in all cases of statutory interpretation, ‘the purpose must be derived from the text.’” (quoting Antonin Scalia & Bryan A. Garner, Reading Law 56 (2012))), cert. denied, 142 S. Ct. 583 (2021). The statute explicitly provides for administrative enforcement, see 20 U.S.C. § 1682, and the Supreme Court also has read in an implied private right of action for damages and injunctive relief, see Cannon, 441 U.S. at 717 (reading an implied private right of action into Title IX); Franklin v. Gwinnett Cnty. Pub. Schs., 503 U.S. 60, 76 (1992) (concluding damages are a remedy available for an action under Title IX).
Notwithstanding Title IX’s general prohibition on sex discrimination, the statute provides an express carve-out with respect to living facilities: “nothing contained [in Chapter 38] shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining separate living facilities for the different
