Congressional Digest

Supreme Court Debates March 2026 No. 3 Vol. 29
Reply Brief

Transgender Athletes

Gender Identity and School Sports Teams

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Reply Brief

The following is excerpted from the Reply Brief of the Petitioners as submitted to the U.S. Supreme Court on Dec. 10, 2025. Sex-specific sports ensure fair competition, equal opportunity and safety for female athletes. So, when athletes began appearing on teams based on self-identification — rather than sex — West Virginia legislators responded with the act. B.P.J. believes West Virginia cannot enshrine sex-specific sports into law. Instead, states must go student by student, assigning teams based on gender identity, age, medication use and medical treatment, physique, talent, perceived stigma and more. And as B.P.J. sees it, states must treat each…

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