West Virginia v. B. P. J. · ¶55

In addition, the Title IX regulations allowed separate sports teams precisely because of the biological differences between the sexes—namely, the inherent physical differences between biological women and biological men. For example, the regulations authorized separate women’s and girls’ teams in sports when the teams are “based upon competitive skill or the activity involved is a contact sport.” §106.41(b). By referring to contact sports and competitive skill, the regulations plainly recognized the inherent physical differences between biological men and biological women—as well as the safety and competitive fairness concerns that would arise if males were allowed to compete in female sports. As Justice Stevens explained a few years afterwards: “Without a gender-based classification in competitive contact sports, there would be a substantial risk that boys would dominate the girls’…

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