‘Conservative’ Supreme Court Upholds Block on West Virginia Law That Protects Fairness in Women’s Sports

A federal court in January upheld a law in West Virginia that bans boys and men from competing on girls’ and women’s sports teams. Afterward, a boy sued the West Virginia State Board of Education for refusing to allow him to join girls’ sports teams.

The court ruled that the state legislature’s definition of “women” and “girl” as based on biological sex is constitutionally permissible. The boy appealed, and the U.S. Court of Appeals for the Fourth Circuit blocked the law.

The state asked the U.S. Supreme Court to vacate the injunction. In a ruling confusing to anyone who believes that Title IX guarantees fairness in sports for female athletes, the court denied the state’s request. The injunction remains in place while the matter is pending.

Justice Samuel Alito and Justice Clarence Thomas dissented. They said that like the appeals court, the Supreme Court has not explained its decision — which should not be the case. The high court should have granted West Virginia’s request to lift the injunction.

“If we put aside the issue of the State’s delay in seeking emergency relief and if the District Court’s analysis of the merits of this case is correct, the generally applicable stay factors plainly justify granting West Virginia’s application,” Justice Alito wrote (PDF).

Christiana Kiefer, senior counsel at Alliance Defending Freedom, reminded us of some good news.

“Right now, 20 states have enacted laws that protect women and girls from having to compete against males, and polls show that a majority of Americans agree that the competition is no longer fair when males are permitted to compete in women’s sports.”

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