Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2018).pdf/56

 interpretation) are inapplicable.

Citing Judge Niemeyer’s dissent from the affirmance of entry of a preliminary injunction in, 822 F.3d 709, 736 (4th Cir. 2016), , 137 S. Ct. 1239 (2017), the School Board contends that contemporaneous dictionary definitions of the word “sex” at the time Congress passed Title IX reveal it was “universally understood as referring to the biological or physiological characteristics that constitute a person’s sex, and not an internal identification with one gender or the other.” Doc. 173-1 at 27. However, the majority in did not find the meaning to be so universally clear, noting, for example, that a 1970 dictionary defined “sex” as “the character of being either male or female.”, 822 F.3d at 721 (quoting the American College Dictionary 1109 (1970));  , 208 F. Supp. 3d at 866 (considering the parties’ debate about the dictionary definition of “sex” at the time Title IX was enacted, stating “dictionaries from that era defined ‘sex’ in myriad ways” and did not reflect “a uniform and unambiguous meaning of ‘sex’ as biological sex or sex assigned at birth”);, No. 16-cv-4945, 2016 WL 6134121, at *17–18 (N.D. Ill. Oct.