Archived SI output (machine-generated)
State power to define women's sports by biological sex is constitutionally sound under the Tenth Amendment and Title IX as originally understood.
Archived SI output (machine-generated) · No editorial review recorded
This historical SI draft was machine-generated by software and has no editorial review time on record. Verify its factual and legal claims against the original source before relying on it.
West Virginia v. B. P. J.
Brett Kavanaugh
State power to define women's sports by biological sex is constitutionally sound under the Tenth Amendment and Title IX as originally understood.
The constitutional question the case posed: whether Title IX and the Equal Protection Clause of the Fourteenth Amendment require schools to allow biological males who identify as female and have taken puberty blockers or hormones to participate on women's and girls' sports teams.
Constitutional concerns with the original
- The majority opinion relies on post-1900 equal protection precedents (United States v. Skrmetti, intermediate scrutiny) rather than the original meaning of the Fourteenth Amendment, which was concerned with racial equality and fundamental rights, not sex classifications.
- The opinion invokes the Javits Amendment and HEW regulations from 1974-1975 as authoritative, but these are post-ratification administrative actions, not constitutional text; the Court should have resolved the case on narrower constitutional grounds or returned to the plain meaning of Title IX.
- The majority does not address the Tenth Amendment reservation of power to the States, even though West Virginia and Idaho enacted their laws under traditional state police powers to regulate education and public health.
Solution text
Operative provisions
Bipartisan rationale
Democratic priorities honored: preserves state autonomy to expand women's sports participation and protect Title IX's original promise of equal athletic opportunity for biological females. Republican priorities honored: reinforces federalism (Tenth Amendment) and textualist interpretation of Title IX. Both parties can agree that the Constitution leaves sports eligibility to states and local communities, not federal judges.
Constitutional citations
- → Article I, Section 8 (enumerated powers; no power over internal state sports regulation)
- → Tenth Amendment
- → Fourteenth Amendment, Section 1 (Equal Protection Clause, limited original meaning)
- → Title IX of the Education Amendments of 1972, 20 U.S.C. §1681(a)
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Generated by VFA SI Solutions · 2026.07.01 06:00 UTC · ← Back to the Republic