Supreme Court Allows States to Ban Male Athletes from Female Competition
In a 6-3 decision on Monday, the Supreme Court ruled that states have a right to prohibit male athletes who identify as transgender from competing against female athletes.
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In the majority opinion, Justice Brett Kavanaugh wrote that West Virginia and Idaho did not violate Title IX or the Equal Protection clause by determining athletic eligibility based on sex, rather than “gender identity.”
“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,” Kavanaugh wrote. “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.”
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The opinion is based on two cases, Virginia v. B.P.J. and Little v. Hecox, both of which were filed by male identifying student athletes claiming a right to participate in female sports.
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