West Virginia v. B. P. J. · ¶68

We disagree. Title VII concerns employment, whereas Title IX as relevant here focuses on sports. The two factual contexts are vastly different. And the two statutes are also “vastly different.” Jackson v. Birmingham Bd. of Ed., 544 U. S. 167, 175 (2005). In the workplace, Title VII generally requires that men and women be treated without regard to their sex. In the sports context, by contrast, Title IX authorizes separate men’s and women’s sports teams. And because Title IX permits separate teams, the only question here is whether schools may limit women’s and girls’ sports to biological females—a question that was not addressed by Bostock, as the Court expressly noted. See 590 U. S., at 681 (we “do not purport to address bathrooms, locker rooms, or anything else of the kind”). Stated simply, Title VII and Bostock are not relevant in this very different statutory and factual context.

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