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Supreme Court Upholds States’ Ability to Protect Girls’ Sports

The U.S. Supreme Court has issued a landmark decision affirming that states may reserve girls' and women's school sports for biological females, a major milestone in the national debate over Title IX and women's athletics. In a 6-3 ruling in West Virginia v. B.P.J. and its companion case, the Court held that laws in West Virginia and Idaho limiting female athletic teams to biological females are consistent with both Title IX and the Equal Protection Clause of the Fourteenth Amendment in observation of the original intent of Title IX to protect women and girls.


Writing for the majority, the Court concluded that Title IX's references to "sex" are properly understood as biological sex and that Congress enacted the law consistent with that definition to ensure equal athletic opportunities for women and girls.


The Court also rejected arguments that its 2020 employment decision in Bostock v. Clayton County controls the Title IX sports context, emphasizing that Title VII employment law and school athletics present fundamentally different legal questions.


The Court further determined that maintaining separate athletic teams based on biological sex serves legitimate governmental interests, including competitive fairness and student safety.


CDF's Longstanding Commitment to Women and Girls


For Citizens Defending Freedom, this decision represents the culmination of years of advocacy dedicated to educating the public, equipping local communities, and participating throughout the federal rulemaking and legal process on Title IX.


CDF's efforts have included:


  • Launching a comprehensive Title IX Toolkit featuring a fact sheet, timeline, and other citizen engagement resources.


  • Participating in the federal rulemaking process through public comments and an Executive Order 12866 Office of Management and Budget meeting.


  • Filing amicus briefs supporting legal challenges brought by states opposing the Title IX rewrite.


  • Organizing a nationwide call-to-action encouraging citizens to contact Congress in support of legislation overturning the Title IX rule.


  • Sending letters urging school board leaders to oppose implementation of the revised regulations.


  • Delivering Title IX presentations at school board meetings using CDF's educational resources.


  • Appearing in national media and publications to explain the potential impact of the Title IX revisions on schools, educators, parents, and students.


  • Tracking and publishing national and state developments related to Title IX via our Title IX timeline while encouraging citizens to remain engaged throughout the process.


The Fight Isn’t Over


While this decision marks an important victory, CDF's work continues as we remain on the front lines of the issues shaping our nation. None of this work would be possible without the generosity of supporters who believe in protecting liberty and empowering citizens to engage in the public square. Please consider supporting Citizens Defending Freedom with a donation today.

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