Attorney General Paxton joined an amicus brief to protect women’s sports from unfair and dangerous competition from biological men. 

The Tennessee-led brief, filed in the New York City-based U.S. Court of Appeals for the Second Circuit, highlights the protections for biological women under Title IX. For decades, Title IX has helped create opportunities for girls to participate in sports by prohibiting educational programs from discriminating on the basis of sex.  

Despite recent attempts to radically alter the definition of “sex,” Title IX has long operated under the biological reality that there are two separate sexes: male and female. Given this fact, allowing subjective “gender identity” to trump biological sex would render much of Title IX unworkable.  

Relying on a definition of “sex” that is entirely subjective allows biological men to compete against biological women, oftentimes hampering a key protection under Title IX, which is the “chance to be champions.” The brief describes recent events in Connecticut, highlighting instances in which biological boys were able to win a large number of track-and-field competitions when competing against women, limiting the athletic experience for biological girls. 

The amicus brief states: “Providing girls the opportunity to experience the thrill of victory was one of the main athletic purposes of Title IX. At the time of Title IX’s enactment, the public understood that allowing biological boys to compete against girls would result in boys taking away championship opportunities designated for girls. In this circumstance, Defendants have failed to ‘effectively accommodate the interests and abilities of members of both sexes’ by refusing to offer truly sex-separated track-and-field competitions for the two sexes.” 

To read the full amicus brief, click here.