On Monday, President Donald J. Trump made his triumphant return as the leader of the United States of America.During his inaugural address, Trump announced, "As of today, it will henceforth be the official policy of the United States Government, that there are only two genders, male and female.” While Trump’s policy is the correct one from a common sense, safety, and fairness perspective, it will likely face legal challenges.

The legal challenges are likely to stem from the Supreme Court’s decision in Bostock v. Clayton County, Georgia, where the Supreme Court ruled that the term “sex” includes a person’s “gender identity” in cases of discrimination pursuant to Title VII. The Bostock majority held that “Title VII’s prohibition against ‘sex discrimination’ includes a prohibition against discrimination based on sexual orientation and gender identity.” In other words, since Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex, it also protects against discrimination based on “gender-identity,” which falls under the umbrella of the term “sex,” as used in Title VII. 

While the Supreme Court specifically noted the limited reach of the Bostock decision to cases involving Title VII, the majority’s reasoning in Bostock created a window of opportunity that some would ultimately exploit. Specifically, in the opinion, Justice Neil Gorsuch........

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