Recent weeks have seen a sudden slew of bureaucratic and judicial action on the question of public accommodation of self-identified transgendered individuals. In one of the latest moves, a decision from the Fourth Federal Circuit struck down a Virginia school board ruling that children must use the bathroom corresponding to their biological sex. As Hadley Arkes notes, one of the ruling judges argued that while the text of the Civil Rights Act barred discrimination based on sex, that text could now be interpreted to preclude discrimination based on “gender,” a term the modern use of which would have been...