This is how legal precedent works.
“U.S. District Judge Pamela Pepper found that at this early stage of the case, Ash Whitaker has alleged enough facts to support a plausible violation of both Title IX or unlawful discrimination under the equal protection clause of the 14th Amendment.
The district had argued the term “sex” as considered under Title IX did not cover a transgender student, and the suit should be dismissed. Title IX refers to the 1972 law that prohibits discrimination in federally funded education programs based on sex.
But Pepper cited a variety of common definitions of the term, and how it has been considered in other cases, such as those alleging discrimination in the workplace, to conclude that transgender has not clearly been excluded from the definition for purposes of discrimination claims.”