The Attorney General emphasized that when biological males compete and triumph in women’s sports events, it deprives female athletes of their chance to showcase their talents. West Virginia has filed an appeal with the U.S. Supreme Court to uphold a state law that prohibits male athletes from participating in female-designated school sports teams.
The Save Women’s Sports Act in West Virginia, implemented in 2021, specifies that male athletes should not be allowed to join female teams based on competitive skill or involvement in contact sports. The law faced legal challenges when a 13-year-old male student, who identifies as female, was initially barred from joining a girls’ cross-country team. The student, supported by the ACLU, argued that the law violated the Equal Protection Clause of the U.S. Constitution and Title IX, which prohibits sex-based discrimination in federally funded schools.
The case, State of West Virginia v. B.P.J., was docketed by the Supreme Court on July 16. The timing of the Supreme Court’s consideration of the petition remains uncertain, pending approval by at least four of the nine justices.
The Movement Advancement Project reports that 24 states, including West Virginia, have enacted laws to prevent transgender students from participating in sports based on their gender identity. Initially, a lower court blocked West Virginia’s law, citing potential success of the Title IX and constitutional claims at trial. However, in 2023, the temporary ban was lifted, with the court determining that the state’s definition of ‘girl’ based on biological sex served the important government interest of providing equal athletic opportunities for females.
A subsequent ruling by the U.S. Court of Appeals for the Fourth Circuit blocked the enforcement of the state law, emphasizing the student’s unequal treatment and deprivation of athletic opportunities based on sex. West Virginia Attorney General Patrick Morrisey defended the law, stating that it aims to protect young women and prevent biological males from competing in girls’ sports, where they have a physical advantage.
The petition to the Supreme Court questions whether Title IX and the Equal Protection Clause allow a state to mandate gender-specific sports teams based on biological sex. It highlights the historical progress of women’s sports under laws like Title IX and the negative impact of allowing biological males to compete against females. The petition urges the Supreme Court to address these crucial issues promptly.
In a separate development, the Supreme Court declined to lift a previous Fourth Circuit order blocking the law, with Justices Samuel Alito and Clarence Thomas expressing dissent. The ACLU was contacted for comment but did not respond at the time of publication. Can you please rewrite this sentence?
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