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Attorneys arguing against ban on trans athletes at Supreme Court refuse to define 'sex'

Attorneys argued that Title IX's focus should be on preventing discrimination through sex classification rather than defining sex, amid challenges to Idaho and West Virginia sports laws.

  • On Tuesday the U.S. Supreme Court heard State of West Virginia v. B.P.J., with Joshua Block, American Civil Liberties Attorney, representing the minor labeled B.P.J..
  • West Virginia's Save Women's Sports Act of 2021 bars biological males from girls' teams, which Becky Pepper-Jackson, West Virginia trans teen plaintiff, is challenging amid similar bans in recent years.
  • Block told justices, `However the court resolves this case, I really urge the court not to do it on the definition of sex argument`, arguing Title IX aims to stop sex-based discrimination without redefining gender identity.
  • Chief Justice John Roberts and Supreme Court justices pressed whether Title IX requires an operating definition of `sex`, and Block declined further questions from Fox News Digital after the hearing.
  • John Bursch of Alliance Defending Freedom criticized Block's refusal to define sex as `completely bizarre`, while Justice Neal Gorsuch flagged effects on sports with cuts and displacement concerns for cisgender girls.
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Fox News broke the news in New York, United States on Tuesday, January 13, 2026.
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