West Virginia Law Restricting Sports By Biological Sex Is Constitutional: Judge

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West Virginia Law Restricting Sports By Biological Sex Is Constitutional: Judge​

SATURDAY, JAN 07, 2023 - 11:30 AM

Authored by Zachary Stieber via The Epoch Times (emphasis ours),
West Virginia House Bill 3293 (pdf), or the Save Women’s Sports Bill, was passed by the state legislature and signed by Gov. Jim Justice in 2021. The bill states that there are “inherent differences between biological males and biological females” and that “biological males would displace females to a substantial extent if permitted to compete on teams designated for biological females, as recognized in Clark v. Ariz. Interscholastic Ass’n (9th Cir. 1982).”

The bill says that a person born male cannot participate in female sports, and vice versa.

A biological male child with the initials B.P.J., who was 11 at the time, filed a lawsuit after the law’s passage. B.P.J. identifies as female and wanted to participate in female sports at a middle school, but administrators cited the new law in blocking the youth from doing so.

The lawsuit, filed in federal court in West Virginia, claimed that biological male children who identify as female are being discriminated against “on the basis of sex and transgender status” in violation of the U.S. Constitution and Title IX, including the Equal Protection Clause of the Fourteenth Amendment, which says that no state may deny a person within its jurisdiction “equal protection of the laws.”

A West Virginia law that prohibits people from participating on single-sex sports teams that don’t match their biological sex is constitutional, a judge ruled on Jan. 5.
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