ACR Project Files Amicus Brief Supporting West Virginia’s Petition for Certiorari in Effort to Defend Separate Sex Sports Programs

The ACR Project filed a new amicus brief at the Supreme Court.  In it, we support West Virginia’s defense of its schools’ separate boys’ and girls’ sports programs.  You can see the full brief, below.

West Virginia wants the Court to resolve the circuit split over Bostock‘s interaction with the Equal Protection Clause and Title IX. We argue the Fourth Circuit’s decision wars with Bostock‘s reasoning and applies its purported holding where it cannot fit. We highlight differences between Title VII and Title IX, requiring a different result for a funding recipient’s sports programs.  We also explain that the Court of Appeals’ bizzaro version of Equal Protection — while it stands — presents regulated parties with a linguistically untenable standard that affords them no predictability and lower courts no guidance on how to apply the law.