West Virginia v. B. P. J. · ¶129
Nothing in Title IX clearly and unambiguously alerts funding recipients that they are prohibited from restricting a school-sponsored sports team to biological women or girls. Just consider the statute’s terms and the evidence before us about their original meaning. Adopted in 1972, Title IX generally prohibits discrimination “on the basis of sex.” 20 U. S. C. §1681. As it is now, the term “sex” was commonly understood then to mean biological sex. See, e.g., Webster’s New World Dictionary 1305 (2d ed. 1972). And while Title IX generally prohibits discrimination on the basis of biological sex, Congress has taken pains to emphasize that “nothing” in its mandate “sh[ould] be construed” as forbidding separate-sex living facilities in school settings, signaling that sex separation doesn’t always amount to discrimination under the statute. §1686. Shortly after the law’s adoption, too, Congress…Read in context ›
slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.