- “Title IX’s ordinary public meaning remains intact until changed by Congress, or perhaps the Supreme Court,” said Kacsmaryk.
- When Congress adopted the Affordable Care Act in 2010 during former President Barack Obama’s tenure, they could have included “sexual orientation” or “gender identity” in the text, but “chose not to do so,” said Kacsmaryk.
- ”Congress limited Section 1557’s protections to those afforded by other federal statutes – including Title IX. Because Title IX does not protect ‘sexual orientation’ or ‘gender identity’ status, neither does Section 1557,” Kacsmaryk wrote.
