In 2020 and 2021, Idaho and West Virginia passed laws that required public schools and colleges to designate sports by biological sex and to forbid males from competing on women’s sports teams. Two male athletes who identified as females, one a middle school shot-put and discus thrower and the other a collegiate cross-country runner, challenged the laws in the U.S. District Courts for the District of Idaho and Southern District of West Virginia, alleging a right to compete in women’s sports and saying the state laws discriminate on the basis of sex and transgender status in violation of Title IX and the Fourteenth Amendment’s Equal Protection Clause. In Little v. Hecox, the Idaho district court entered a preliminary injunction against the Idaho law for violating the Equal Protection Clause, and the Ninth Circuit affirmed. In West Virginia v. B.P.J., the West Virginia district court preliminarily enjoined the West Virginia law for violating Title IX and the Equal Protection Clause and then dissolved that injunction, upholding the law at summary judgment. The Fourth Circuit reversed and ordered the district court to enjoin the law for violating Title IX.
The Supreme Court accepted certiorari on both of these cases and will consider whether states can designate women’s sports based on biological sex consistent with Title IX and the Equal Protection Clause. Join this FedSoc Forum to discuss these cases and the broader issues at play, including the scope of Title IX and the Equal Protection Clause as they relate to school sports and gender identity.
Featuring:

Jonathan Scruggs, Senior Counsel and the Director for the Center for Conscience Initiatives, Alliance Defending Freedom
(Moderator) Sarah Parshall Perry, Vice President & Legal Fellow, Defending Education