Supreme Court Upholds State Laws Barring Transgenders From Girls Sports

The Supreme Court ruled on Tuesday that West Virginia did not violate Title IX, which bars educational programs that receive federal funding from discriminating based on sex, when it barred biological males from participating in girls’ sports.

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In the mixed on West Virginia v. B.P.J, the court ruled that state governments can determine eligibility for women’s and girls’ sports based on biological sex.

In what can be described as both a 9-0 and a 6-3 decision, the court determined that “Title IX allows schools to provide separate women’s and men’s sports teams defined by biological sex, and West Virginia has permissibly maintained female sports for biological females consistent with Title IX.” (RELATED: Transgender Athlete Dominates Female Competition On Way To New York Girls’ Shot Put Championship)

The court also says that West Virginia and Idaho did not violate the Constitution’s Equal Protection Clause by maintaining female sports teams for biological females.

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“The term ‘sex’ in Title IX, the Javits Amendment, and the Title IX regulations cannot plausibly be interpreted to refer to anything other than biological sex,” the ruling reads.

“The ordinary meaning of the term ‘sex’ at the time of enactment in the early 1970s was biological sex and not gender identity, particularly in the sports context,” the opinion continued.

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