Sometimes history is made in just one sentence. That was the case when the United States Supreme Court handed down a one-sentence statement saying that it will not hear the case concerning the big question of transgender rights, specifically the rights of transgender students in the public schools.
When the Supreme Court does take a case on this issue, one question will be the interpretation of a 1975 regulation that allows schools to provide “separate toilet, locker rooms and shower facilities on the basis of sex.”
Back in 1975 Congress had absolutely no question what it meant when it referred to biological sex. And furthermore, we need to admit that even right now across our culture virtually no one has a major question about the definition of biological sex.
The new reality is that gender identity and biological sex are actually two different things. That might well be the key question that the Supreme Court will eventually have to answer.