This case involves a transgender challenge to the West Virginia Save Women’s Sports Act. The lower court initially held that separating athletic teams based on biology is substantially related to the state’s important interest in providing equal athletic opportunities to females, who would otherwise be displaced if forced to compete with males. This challenge appealed to the Supreme Court’s opinion in Bostock. Unfortunately, the Fourth Circuit held that WV had violated Equal Protection and Title IX. Now that the U.S. Supreme Court has granted the petition for certiorari in this case (and a similar case arising in Idaho), NCVI writes to argue that Bostock was a narrow ruling about employment practices that must not be stretched to women’s sports, where differences between the two sexes are critical to the safety and success of women.
Read the brief in full below:








