2026-07-03
Two miracles took place at the Supreme Court today in two cases involving Title IX and women's sports. The first miracle is that common sense and biology prevailed. The second miracle is that the decision was unanimous ... at least in part.
Both West Virginia v BPJ and Idaho v Hecox confronted legislative actions that barred biological males from women's sports. The court consolidated the cases in the final opinion written by Justice Brett Kavanaugh that made clear the biological reality and its reflection in Title IX. Congress created Title IX to allow biological females equal access to all educational opportunities, including competitive sports, which necessitates separate competitions. If women could compete with men on an equal basis in sports, Title IX would hardly be necessary, Kavanaugh writes for the majority:
The Bigger Victory Hidden Inside SCOTUS Decision About Men in Women's Sports by David Strom