“A state law that limits or denies a particular class of people’s ability to participate in public, federally funded educational programs and activities solely because their gender identity does not match their sex assigned at birth violates both Title IX and the Equal Protection Clause,” the DOJ argues.
The DOJ filed a similar brief in Arkansas, arguing that it is unconstitutional for that state to ban experimental transgender “treatments” for minors.
The Biden DOJ threw its weight behind court challenges from the American Civil Liberties Union and other pro-transgender groups challenging the state laws. The briefs claim that the laws violate the Equal Protection Clause of the 14th Amendment.
In the West Virginia case, the Biden DOJ claimed that Republican officials “legislated
based on misconceptions and over broad assumptions” about biological men competing in women’s sports.
“That policy does nothing to further the state’s purported goal of protecting athletic opportunities for girls,” the brief argues.