The Department of Education’s new regulation on Title IX may be a textbook example of the mental gymnastics required to accommodate gender theory into law, but the final rule is a tacit admission that the whole theory is a farce.

Title IX is the landmark law that established protections from sex-based discrimination in education settings. The new rule says sex-separate programs that do not cause more than “de minimis harm” are protected by Title IX. On its face, this means it is perfectly legal to have sex-separate bathrooms and activities like sports.