West Virginia v. B. P. J. · ¶54

Title IX prohibits discrimination on the basis of sex. Title IX’s implementing regulations expressly permit schools to maintain separate teams for “members of each sex.” §106.41(b). The term “sex” in the 1972 Title IX statute, the 1974 Javits Amendment, and the 1975 Title IX regulations cannot plausibly be interpreted to refer to anything other than biological sex. The ordinary meaning of the term “sex” at the time of enactment in the early 1970s was biological sex and not gender identity, particularly in the sports context. See, e.g., Frontiero v. Richardson, 411 U. S. 677, 686 (1973) (plurality opinion) (“sex” is “an immutable characteristic”).

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