The Justice Department has filed a statement of interest in a case challenging a Connecticut Interscholastic Athletic Conference (CIAC) policy that enables biological males to compete against biological females. Attorney General Barr explained:
In our pluralistic society we generally try to accommodate how individuals desire to live their lives up to the point where those desires impinge on the other people’s rights. Allowing biological males to compete in all-female sports deprives women of the opportunity to participate fully and fairly in sports and is fundamentally unfair to female athletes.
Sports are an important part of education and character development and provide an arena where individual discipline can result in achievement and recognition. The purpose of all-female athletics is to ensure that women have an equal opportunity to participate, compete and excel in this important part of life. Title IX has been a major step forward in the long fight to achieve this equality.
As reflected in Title IX, the basis for single-sex athletics, is rooted in the reality of biological differences between the sexes. Clearly then, eligibility to participate on a single-sex team must be based on objective biological fact. Girls should not be forced, through the dismantling of Title IX, to be sidelined in their own sports.
Of course they shouldn’t be. Only a society gone mad would conclude otherwise.
From a legal standpoint, it’s important to note that Title IX of the Civil Righs Act and its implementing regulations prohibit discrimination “on the basis of sex,” not on the basis of transgender status. Therefore, the law neither requires nor authorizes CIAC’s transgender policy.
Moreover, as the Attorney General explained, one of Title IX’s core purposes is to ensure that women have an “equal athletic opportunity” to participate in school athletic programs. This purpose is fulfilled by the establishment of separate athletic teams for men and women and by ensuring that those teams are on equal footing.
Because of the physiological differences between men and women, the existence of women’s sports teams permits women to participate more fully in athletics than they otherwise could. Allowing biological men who identify as women to compete against biological women denies equal athletic opportunity to actual women.
By taking this stance in the Connecticut litigation, the Trump Justice Department once again demonstrates its seriousness in enforcing civil rights laws as written, not as distorted by political correctness and “woke” attitudes.