West Virginia v. B. P. J. · ¶50

In 1975, pursuant to that statutory directive, HEW promulgated comprehensive regulations to prevent sex discrimination in school sports. 40 Fed. Reg. 24128. Most critically, the regulations required that schools provide “equal athletic opportunity for members of both sexes” and authorized “separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport.” 34 CFR §§106.41(b), (c) (2025). The regulations defined contact sports as “boxing, wrestling, rugby, ice hockey, football, basketball and other sports the purpose or major activity of which involves bodily contact.” Ibid.

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.