“At issue are federal regulations, called Title IX, first signed into law by President Richard Nixon in 1972. They currently bar publicly funded schools from discriminating on the basis of sex or gender. This means that schools cannot penalize students for health care based on sex. As a male student would be granted leave if he had to travel for surgery, so must a female student, the federal statute requires. The two men argue that granting students an excused absence in such cases violates their First Amendment rights.
Even though the plaintiffs suing for the right to flunk female students for abortion include boilerplate arguments in which they feign concern that abortion is "killing," the legal filing makes it clear that what really outrages Bonevac and Hatfield is that Title IX prevents them from controlling the private lives of students. Along with their anger about abortion, they grouse about not being allowed to punish students "for being homosexual or transgender." They also argue they should be able to penalize teaching assistants for "cross-dressing," by which they appear to mean allowing trans women to wear skirts.”
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