Vanita Gupta, President Joe Biden’s nominee for associate attorney general, refused to say at her Senate confirmation hearing on Tuesday whether she believes it’s fair for male-born transgender athletes to compete against biological girls. Sen. Tom Cotton (R-Ark.), highlighting Gupta’s record of leading the Justice Department’s civil rights unit under the Obama administration, noted that she worked with the Education Department in 2016 to release a joint guidance clarifying their interpretation of federal law on sex-based discrimination in education. The guidance, which was discontinued by the Trump administration, declared that “all students, including transgender students and students who do not conform to sex stereotypes, are protected from sex-based discrimination under Title IX.” “So it means, for instance, that a biological male informs the school that he now identifies as a female the school would be required to allow him to participate on girl’s athletic teams. Is that correct?” Cotton asked. …