Title IX central to transgender sports cases, advocates say

(The Center Square) – The U.S. Supreme Court heard arguments in two cases on transgender athletes participating in girls’ and women’s sports. Advocates for state laws banning transgender participation said the definition of “sex” under Title IX will be central to a favorable ruling from the court.

Little v. Hecox and B.P.J. v. West Virginia dealt with whether preventing transgender athletes from competing in girls’ and women’s sports violated Title IX, a federal law prohibiting sex discrimination.

Kim Hermann, president of the Southeastern Legal Foundation, said she hopes the court will provide a clear definition of sex in its opinion. She said Title IX explicitly defines sex but changes from the Biden administration included gender identity into its protections.

“Sex means a man or a woman. It means biological sex. It does not mean gender identity,” Hermann told The Center Square. “It is not a subjective standard; it does not depend on how much testosterone somebody has in their body.”

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