West Virginia v. B. P. J. · ¶211

To start, as the majority observes, see ante, at 10, B. P. J. does not dispute that, for the purposes of this case, “sex” in Title IX means “biological sex,” or sex identified at birth. See 20 U. S. C. §1681. Nor does she dispute that “sex” is used in the same way in the 1974 Javits Amendment, §844, 88 Stat. 612, and its accompanying regulations, which expressly authorize, but do not require, sex-separated sports teams, 34 CFR §106.41(b) (2025). Finally, she does not seriously dispute that those regulations are lawful. It follows from all this that, even though West Virginia’s policy of separating sports teams by sex identified at birth draws a sex distinction, it is one that Title IX allows.

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