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> If the policy of MIT or any other institution states that certain spaces are designated as single-sex only, then no, people of the opposite sex do not have th
by joshuamorton 1y ago
> If the policy of MIT or any other institution states that certain spaces are designated as single-sex only, then no, people of the opposite sex do not have the right to use these spaces.
Correct, but this is not MIT's policy today, responding to your edit, I do not believe your understanding of title IX is correct, See [0].
>I don't expect people to have a problem with understanding this, in practice. It's really not that difficult to understand what sex you are and where you're allowed to be. Children learn this quite early on.
But in places that do have such policies, people who are using the correct bathroom get harassed. Given that you assume this is easy to understand (and I think I agree), would you support laws that codify harassing people about using the incorrect bathroom as criminal, given that you assume these don't need enforcement, we should discourage vigilantism, right?
[0]: https://www.congress.gov/crs-product/LSB10953 https://www.congress.gov/crs-product/LSB10953 suggests that there is a circuit split on whether policies banning students from using gender-identity matching bathrooms would be a Title IX violation, with the 4th and 7th circuits saying that disallowing students from using their preferred bathrooms is a violation, and the 11th saying it is not. Currently there is no circuit split around the opposite question: the 3rd and 9th (and presumably also the 4th and 7th) circuits agree that allowing students to use gender-identity matching bathrooms would not be a Title IX violation, and the 11th Circuit's argument doesn't appear to preclude to a school or district choosing to allow gender-segregated bathrooms, it just allows sex-segregated bathrooms. MIT is under the 1st circuit and I can't find any federal cases at the district level, so it is technically not required to act in any particular way, but given other circuit precedent (and, I think, supreme court precedent under Bostock which says basically the same thing for title VII), I would suspect your interpretation would open MIT to legal risk.
- desselc 1y agoRegarding Title IX, there are still cases working their way through the courts, so we will have to see. I would be very surprised if colleges letting males enjoy women's locker rooms, and therefore not providing women any single-sex place to change, isn't ruled as being sex discrimination. Keep in mind this issue is about privacy and dignity and safety for women, not about giving men whatever they want whenever they want.
- joshuamorton 1y agoWhile you may have whatever feeling about any issue, legally this isn't about "privacy and safety and dignity for women", it's about discrimination. And it's extremely difficult to contort shared facilities into "discrimination".