Bench Memos

Law & the Courts

Independent Women’s Forum: Girls’ and Women’s Sports in Jeopardy

I’ll also highlight some noteworthy amicus briefs in the Title VII SOGI cases. Here’s an excerpt from the brief filed on behalf of the Independent Women’s Forum and 1,013 athletes and parents:

Although this case involves the workplace, not sports, courts have long held that Title IX’s prohibition against sex discrimination in education should be interpreted in pari materia with Title VII’s similar prohibition against sex discrimination in employment. Any judicial expansion of Title VII to include gender identity and/or transgender status will have the unintended consequence of making transgender status a protected category under Title IX, which covers school athletic programs.

In the short term, a ruling in favor of Respondents will reduce the number of athletic opportunities for biological women and girls. In the long run, it will undermine the legal justification for maintaining any sex-specific athletic teams and may result in the elimination of women’s sports altogether.

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