The Trump Justice Department sided in court Friday with a new Idaho law that prevents biological males who identify as female from playing on girls’ teams.
The new Idaho law, called the Fairness in Women’s Sports Act, requires biological sex – and not gender identity – to be used in determining who plays on high school and college teams. The American Civil Liberties Union (ACLU) is challenging the law in court.
The Justice Department filed a Statement of Interest in federal court Friday defending the law, saying it aligns with the Constitution’s Equal Protection Clause because it ensures female athletes are on a level playing field with males.
“The Equal Protection Clause does not require States to abandon their efforts to provide biological women with equal opportunity to compete for, and enjoy the life-long benefits that flow from, participation in school athletics in order to accommodate the team preferences of transgender athletes,” the Statement of Interest says. “Put differently, the Constitution does not require Idaho to provide the special treatment Plaintiffs request, under which biological males are allowed to compete against biological females if and only if the biological males are transgender.”
In Connecticut, two transgender athletes who are biologically male but identify as female won 15 state track titles.
The Justice Department brief points favorably to…
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