Section 7

Citation: Section 7
Parent Document: Bostock v. Clayton County, 590 U.S. 644 (2020)
Jurisdiction: United States (federal)
Effective Date: 2020-06-15
Original Source: https://www.courtlistener.com/opinion/4760997/bostock-v-clayton-county/ ↗

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School Dist., 897 F. 3d 518, 533 (CA3 2018), cert. denied,
587 U. S. ___ (2019).
   Women’s sports. Another issue that may come up under
both Title VII and Title IX is the right of a transgender in-
dividual to participate on a sports team or in an athletic
competition previously reserved for members of one biolog-
ical sex.48 This issue has already arisen under Title IX,
where it threatens to undermine one of that law’s major
achievements, giving young women an equal opportunity to
participate in sports. The effect of the Court’s reasoning
may be to force young women to compete against students
who have a very significant biological advantage, including
students who have the size and strength of a male but iden-
tify as female and students who are taking male hormones
in order to transition from female to male. See, e.g., Com-
plaint in Soule v. Connecticut Assn. of Schools, No. 3:20–cv–
00201 (D Conn., Apr. 17, 2020) (challenging Connecticut
policy allowing transgender students to compete in girls’
high school sports); Complaint in Hecox v. Little, No. 1:20–
cv–00184 (D Idaho, Apr. 15, 2020) (challenging state law
that bars transgender students from participating in school
sports in accordance with gender identity). Students in
these latter categories have found success in athletic com-
petitions reserved for females.49
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  48 A regulation allows single-sex teams, 34 CFR §106.41(b) (2019), but

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