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In 2016, the U.S. Department of Justice and DOE restated their Title IX obligations to LGBTQ+⁶ and clarified that schools should treat transgender students consistent with their gender identity (Lhamon & Gupta, 2016, May 13). The 2016 document was rescinded during the Trump administration. Guidance issued in 2017 stated that transgender students will continue to have protections from discrimination and harassment, but that they will no longer have a right under Title IX to access to public facilities (e.g., restrooms and locker rooms) based on their gender identity rather than their assigned sex at birth (Battle & Wheeler, 2017). In 2021, citing the Bostock v. Clayton County (2020) Supreme Court decision, U.S. DOE OCR issued an updated interpretation of Title IX, reaffirming that the law applies to discrimination based on gender identity as well as sexual orientation, with exceptions for schools controlled by religious organizations where compliance would not be consistent with religious tenets (Goldberg, 2021, June 16). As of June 2021, the issues of whether transgender students must be allowed to access public facilities or play school sports based on their gender identity rather than their sex assigned at birth had not been explicitly considered by the U.S. Supreme Court or DOE. (See ssss1.)