Congressional Digest

Supreme Court Debates March 2026 No. 3 Vol. 29
United States of America, Amicus Curiae

Transgender Athletes

Gender Identity and School Sports Teams

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United States of America, Amicus Curiae

The United States is an amicus in this case because it involves questions of federal and constitutional law. The following is excerpted from the Amicus Curiae Brief for Petitioners as submitted to the U.S. Supreme Court on Sept. 19, 2025. The ordinary meaning of “sex” as used in Title IX refers to the binary biological difference between males and females. And the ordinary meaning of “discrimination” as used in Title IX is treating members of one sex worse than similarly situated members of the other sex. Athletic competitiveness is one respect in which the sexes are not similarly situated. Innate…

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