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West Virginia v. B. P. J. · ¶5

Held: 1. Title IX allows schools to provide separate women’s and men’s sports teams defined by biological sex, and West Virginia has permissibly maintained female sports for biological females consistent with Title IX. Pp. 8–14. (a) Title IX provides: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U. S. C. §1681(a). Two years after Title IX became law in 1972, Congress passed the Javits Amendment, which directed the then-Department of Health, Education, and Welfare (HEW) to promptly issue “regulations implementing the provisions of ” Title IX with respect to “the prohibition of sex discrimination.” §844, 88 Stat. 612. The amendment further specified that the regulations “shall include with respect…
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