; and when it does not want to elevate gender identity, it can do so either explicitly or by simply not disturbing the status quo. (4) Despite the complete clarity of this point, President Barack Obama’s administration has attempted to effectively replace the word sex with the phrase gender identity for purposes of Federal antidiscrimination law and policy through a series of unilateral executive actions. (5) For example, on December 15, 2014, Attorney General Eric Holder announced that the Department of Justice would reinterpret the ban on sex discrimination under title VII of the Civil Rights Act of 1964 to encompass gender identity . This was followed on March 27, 2015, by an Equal Employment Opportunity Commission decision holding that declining to use a female pronoun to address a male who identifies as female constituted sex discrimination under title VII. (6) On May 9, 2016, the Obama administration sued the State of North Carolina and threatened it with fines and loss of Federal funding if it did not adopt the administration’s incorrect readings of title VII of the Civil Rights Act of 1964 and title IX of the Education Amendments of 1972. (7) On May 13, 2016, the Departments of Justice and Education issued a “significant guidance” letter stating that under title IX of the Education Amendments of 1972 “when a school provides sex-segregated activities and facilities, transgender students must be allowed to participate in such activities and access such facilities consistent with their gender identity.” The guidance further states that schools “must treat a student’s gender identity as the student’s sex” including in the context of “sex-segregated restrooms, locker rooms, shower facilities, housing, and athletic teams, as well as single-sex classes.” In other words, the Departments consider it a title IX violation if a person of the male sex who self-identifies as a female is not granted unfettered access to women’s or girls’ dorms, showers, locker rooms, and bathrooms. This, despite assurance that such a