Supreme Court Considers Title IX
CHARLESTON, W.Va.—Let’s pick up where we left off last week. The Supreme Court is considering a challenge—under the Fourteenth Amendment’s Equal Protection Clause—to Idaho’s Fairness in Women’s Sports Act. The law requires that public schools and higher-education institutions designate each sponsored sport as • for males, men, or boys, • for females, women, or girls, or • as co-ed or mixed. Such laws are about sex, not gender. After all, a person’s sex goes to whether the person is male or female. Males are he. Females are she. By contrast, gender is a ...