Headline: New York Times, 3/27/2026
Rebecca Davis O'Brien reports:
The decision opens with a line from Mr. Trump’s executive order setting two immutable genders as U.S. policy. Federal law “permits a federal agency employer to maintain single-sex bathrooms and similar intimate spaces,” the 2-to-1 majority wrote. “And it permits a federal agency employer to exclude employees, including trans-identifying employees, from opposite-sex facilities.”
The commission’s sole Democratic member, Kalpana Kotagal, issued a pointed dissent, describing the decision as rushed and legally suspect.
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