West Virginia v. B. P. J. · ¶56

Notably, B. P. J. does not seriously contest that the term “sex” in Title IX, the Javits Amendment, and the regulations means biological sex. Moreover, B. P. J. agrees with West Virginia and the United States as amicus curiae that Title IX permits schools to maintain separate female and male teams and to prohibit most biological males from playing on women’s and girls’ teams. B. P. J. disagrees with West Virginia and the United States only about whether schools must make an exception to that general rule for biological males who identify as female and have taken puberty blockers or hormones.

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