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

https://www.theepochtimes.com/west-virginia-law-restricting-sports-by-biological-sex-is-constitutional-judge_4966573.html
https://www.wvlegislature.gov/Bill_Text_HTML/2021_SESSIONS/RS/signed_bills/house/HB3293%20SUB%20ENR_SIGNED.pdf
https://www.documentcloud.org/documents/23565411-west-virginia-ruling

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.

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.”

U.S. District Judge Joseph Goodwin, a Clinton appointee, disagreed,
ruling Thursday that “acting to prevent transgender girls, along with
all other biological males, from playing on girls’ teams is not
unconstitutional if the classification is substantially related to an
important government interest.”

Goodwin later noted that males are generally better at sports due to
“inherent physical differences between the sexes” related in part to
males having higher levels of testosterone beginning with puberty,
which B.P.J.’s filings recognized.

“This is not an overbroad generalization, but rather a general
principle that realistically reflects the average physical differences
between the sexes,” the judge wrote in his 23-page ruling, which threw
out the case. “Given B.P.J.’s concession that circulating testosterone
in males creates a biological difference in athletic performance, I do
not see how I could find that the state’s classification based on
biological sex is not substantially related to its interest in
providing equal athletic opportunities for females.”

B.P.J. started taking puberty blockers, a drug that halts puberty,
once signs of male puberty began showing. But not all transgender
girls have taken the blockers, the judge said.

“The fact is … that a transgender girl is biologically male and,
barring medical intervention, would undergo male puberty like other
biological males. And biological males generally outperform females
athletically. The state is permitted to legislate sports rules on this
basis because sex, and the physical characteristics that flow from it,
are substantially related to athletic performance and fairness in
sports,” Goodwin said.

The judge opined that the state could adopt a “more inclusive policy”
that would let transgender children play on a team different from
their biological sex but said it fell outside the judiciary to impose
such a requirement.

The law also does not violate Title IX because it still lets B.P.J.
and other children play on teams matching their biological sex, the
judge said.

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