West Virginia v. B. P. J. · ¶67

Second, B. P. J. cites Title VII of the Civil Rights Act of 1964, 42 U. S. C. §2000e–2(a)(1), and Bostock as support for interpreting Title IX to require that schools allow biological males on female teams. Title VII prohibits employment discrimination “because of . . . sex,” and Bostock held that the prohibition forbids firing an employee “for being gay or transgender.” Bostock v. Clayton County, 590 U. S. 644, 662 (2020). B. P. J. contends that Title IX similarly bars West Virginia’s law because (as B. P. J. sees things) the law excludes B. P. J. from sports on the basis of gender identity.

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