West Virginia v. B. P. J. · ¶58

B. P. J. counters with an argument based on the 1974 Javits Amendment. B. P. J. zeroes in on the Javits Amendment’s directive that HEW, in its regulations, adopt “reasonable provisions considering the nature of particular sports.” §844, 88 Stat. 612 (emphasis added). As B. P. J. sees things, if the regulations authorize a school to limit women’s and girls’ sports teams to biological females, then the regulations are not “reasonable” and therefore are unlawful.

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