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Amicus Briefs

West Virginia v. B.P.J.

CASE SUMMARY

NCLA asks the Supreme Court to respect the well-established rule that requires Congress to clearly state in advance any conditions it imposes on States for receiving federal funds. The Court must recognize that, when Title IX prohibits discrimination on the basis of “sex,” it means biological sex.

The U.S. Court of Appeals for the Fourth Circuit ruled in this case that West Virginia’s Save Women’s Sports Act, which prohibits biological males from competing on girls’ and women’s school sports teams, violated Title IX because it discriminates based on “gender identity.” In doing so, the Fourth Circuit stretched the meaning of Title IX to include gender identity, rather than protecting only against discrimination based on biological sex, as the States, Congress, and the general public would have understood at the time of Title IX’s enactment.

OUR TEAM

Andreia Trifoi
Staff Attorney
Casey Norman
Litigation Counsel
Mark Chenoweth
President and Chief Legal Officer

RELEVANT MATERIALS

NCLA FILINGS

Brief Amicus Curiae of the New Civil Liberties Alliance in Support of Petitioners

September 19, 2025 | Read More

PRESS RELEASES

NCLA Says Spending Clause Clear Statement Rule Would Justify Reversing Title IX Girls’ Sports Case

September 19, 2025 | Read More

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