January 27, 2023

Assess Rules West Virginia Legislation Restricting Sports By Biological Sex Is Constitutional

Clinton-appointed judge throws away lawsuit alleging law handed in 2021 discriminates against transgender athletes.

A  West Virginia  legislation prohibiting people from competing on single-sex sports groups that don’t match their biological sex is constitutional, a judge ruled.

The 2021 law in question, called the Save Women’s Sports activities Bill , barred biological males from participating in women sports, claiming “ biological males would displace women to a substantial extent if permitted to compete upon teams designated for natural females. ”

The passing of the expenses resulted in an 11-year aged “ transgender” male called B. P. J. submitting a lawsuit against the state because he wanted to compete in women sports at his center school but was being discriminated “ on the basis of sex and  transgender  status” in violation of the 14th Amendment and Title IX of the Schooling Amendments Act.

U. S. District Assess Joseph Goodwin, a Clinton appointee, threw out the particular lawsuit on Thursday, arguing that “ acting to avoid transgender girls, along with other biological males, from playing on girls’ teams is not unconstitutional if the classification will be substantially related to an important federal government interest. ”

“ This is not an overbroad generalization, but rather a general guideline that realistically reflects the standard physical differences between the sexes, ” the judge had written in  his 23-page ruling , adding there are “ inherent physical differences” between male and female.

Given B. P. J. ‘s concession that moving testosterone in males makes a biological difference in sports performance, I do not see how I could find that the state’s classification based on biological sexual intercourse is not substantially related to the interest in providing equal sports opportunities for females.

The fact is… that a transgender girl is definitely biologically male and, barring medical intervention, would go through male puberty like various other biological males. And natural males generally outperform women athletically.

The state is allowed to  legislate sports rules on this basis because sex, and the physical characteristics that flow from it, are substantially related to athletic performance plus fairness in sports.

Goodwin also said the law does not violate Title IX since it still lets B. P. J. and other children perform on teams matching their particular biological sex.

“ B. P. M. argues that transgender ladies are similarly situated in order to cisgender girls, and therefore their own exclusion from girls’ groups is unlawful discrimination. Yet as I have already discussed, transgender girls are biologically male, ” the judge mentioned.

Short of any healthcare intervention that will differ for every individual person, biological men are not similarly situated in order to biological females for factors like athletics. And, despite the girl repeated argument to the contrary, transgender girls are not excluded from school sports entirely. These are permitted to try out for boys’ teams, regardless of how they express their gender.

This is a triumph for common sense and biological reality.

Read the judge’s ruling:

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