Title IX is the brief, 50-plus-year-old civil rights law that prevents sex discrimination in any publicly funded education program. The Biden-Harris administration, however, has expanded the meaning of “sex” in Title IX to include “gender identity or expression.” But based on a plain reading of the text of Title IX, and with an eye toward the congressional history of the law as geared toward ensuring women’s equality in education, the rewrite is more than a little illegal.

At least three federal appellate courts have agreed.

Not so, the U.S. Court of Appeals for the 9th Circuit, however. It brought that streak of victories to a halt recently when it determined that the state of Arizona’s Save Women’s Sports Act was both unconstitutional and a violation of Title IX.