Republicans file amicus brief in support of West Virginia and Idaho, arguing Title IX protections are based on biological sex, not gender identity.
A group of Republican lawmakers has filed an amicus brief with the Supreme Court, urging it to uphold state laws that prohibit biological men from competing in women’s sports.
The brief, led by Senator Jim Risch (R-Idaho) and Representative Riley Moore (R-W.Va.), supports laws in West Virginia and Idaho that aim to preserve the integrity of Title IX.
In the cases Little v. Hecox and State of West Virginia v. B.P.J., the lawmakers contend that Title IX, a federal law enacted to ensure equal opportunities in education and athletics, was explicitly written on the basis of sex, not gender identity. They argue that the law’s protections were designed to create a fair playing field for female athletes and that allowing biological males to compete undermines this core purpose.
Representative Moore, who co-led the brief, described the West Virginia law as “common sense,” noting the biological differences between men and women. He asserted that Congress, not the courts, is responsible for expanding upon Title IX protections.
“Women’s sports should remain just that – women’s sports,” stated West Virginia US Senator Shelley Moore Capito. She emphasized the importance of a level playing field for female athletes, a principle she’s long championed. Senator Risch echoed this sentiment, stating that “Life isn’t fair, but sports should be,” and that attempts by courts to rewrite Title IX would jeopardize decades of progress for women in athletics.
The brief highlights three key points:
- Title IX and subsequent legislation don’t mention the concept of “gender identity.”
- Title IX, enacted under the Spending Clause, requires clear provisions, none of which address gender identity.
- Any expansion of Title IX must come from Congress.
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