Overview
- The Supreme Court recently heard arguments in Idaho’s Little v. Hecox and West Virginia v. B.P.J. on whether states may restrict girls’ and women’s teams to biological females, and decisions have not yet been issued.
- Title IX attorneys and advocates report that verification requirements and student privacy concerns are creating practical hurdles for schools that try to enforce sex-based eligibility rules.
- Courts in Idaho struck down a provision that allowed challenges triggering invasive medical checks; a Florida enforcement dispute was dismissed after a judge found the state’s verification rule not discriminatory; and an Arizona school suggested costly chromosomal testing in a birth-certificate dispute.
- In Nevada, 18 physicians told the state high school athletic association they would not certify a student’s gender for athletic eligibility, citing confidentiality and that the request exceeds a standard sports medical clearance.
- During oral arguments, Chief Justice John Roberts stressed that any rule will apply across all Title IX areas beyond athletics, and Justice Brett Kavanaugh highlighted the potential harm when a girl loses a team spot or medal to a male competitor.