• Biden-appointed judge Cynthia Valenzuela did not adjudicate the merits of the DOJ’s case but instead ruled that the Trump administration did not provide California with explicit prior notice before threatening to pull $44 billion in education funding if it did not comply with its policy.
  • The ruling clears the way for biological males to keep competing in girls’ sports in states like California. The DOJ vows to appeal the ruling.
  • The Supreme Court decision had left the door open to states’ dispute with the Trump administration’s initiative to protect girls from biological males in their sports. It nonetheless issued a strong ruling that Title IX refers to biological sex and not gender identity.

In a significant 6-3 decision for colleges, universities, and K-12 schools nationwide, the Supreme Court of the United States held in West Virginia v. B.P.J. and Little v. Hecox that Title IX does not require schools to permit transgender women to compete on women’s sports teams, and that state laws restricting women’s sports participation to biological females do not violate the Equal Protection Clause of the Fourteenth Amendment. In an opinion by Justice Kavanaugh, the Court resolved both cases together and reversed the rulings of the U.S. Courts of Appeals for both the Fourth and Ninth Circuits, and upheld the West Virginia and Idaho laws at issue. […]

The Court held that the term “sex” in Title IX refers to biological sex as understood at the time of the statute’s enactment and does not encompass gender identity or transgender status. […]

The Court held that the term “sex” in Title IX, the Javits Amendment, and the implementing regulations “cannot plausibly be interpreted to refer to anything other than biological sex.”

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  • After the ruling, a DOJ spokesperson stated, “We are disappointed by the Court’s order and remain committed to enforcing President Trump’s agenda of preventing boys from playing in girls’ sports.”
  • The DOJ has indicated that it will appeal the federal judge’s ruling, setting up yet another showdown that may end up in the Supreme Court.