Trans athlete's attorney suggests sex should not be defined during SCOTUS Title IX case

Fox News ^ | 1/13/26 | Jackson Thompson

[Libloather]

During Supreme Court oral arguments for the West Virginia v B.P.J. case on trans athletes in women's sports, American Civil Liberties Attorney Joshua Block suggested that "sex" should not be defined legally. Block then fled questioning when asked to elaborate why after the hearing.

Block represents West Virginia trans teen Becky Pepper-Jackson, who in 2021 sued the state to block its law that prohibits biological males from competing in girls' sports. Pepper-Jackson and her mother were in the courtroom on Tuesday to watch the attorney argue the definition of sex should not be used in the court's ruling.

Block's statement came while arguing why West Virginia's law that prohibits biological males from competing in girls' sports violates Title IX, and then claimed the purpose of Title X is not to have an accurate definition of sex.

"However the court resolves this case, I really urge the court not to do it on the definition of sex argument," Block said, later adding. "I don't think the purpose of Title IX is to have an accurate definition of sex. I think the purpose is to make sure that sex isn't being used to discriminate by denying opportunities… I wouldn't look to whether or not to classify B.P.J. as male or female, I think the question is, ‘is she being denied an opportunity because of that classification?'"

Block later told Justice Elena Kagan "don’t give definition of sex" when asked, "if we didn't want to prevent a different state from making a different choice from West Virginia, what should we not say or what should we say to prevent that from happening?'"

Block answered, "I wrote ‘don’t give definition of sex,' and I also said ‘I wouldn’t decide this by assuming that Title IX provides a right to single-sex teams in the regulations...

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TOPICS: Conspiracy; History; Local News; Science
KEYWORDS: attorney; biologydeniers; biologyphobes; biologyphobia; languagedeniers; languagephobes; languagephobia; scotus; sex; tranny

[Libloather]

Joshua is a science denier. Could lose his license.

[Libloather]

Oh, and where did all of the biologists go?

[Fungi]

Then why stop at the definition of “sex?”

[Maskot]

Right? I mean they can have all the sex/who am I/what am I going on in their heads, but biology is biology and dna is dna. You can’t just change that cuz you “Man, I feel like a woman”.

Hat tip to Shania Twain 😉

[LukeL]

If that is true then it follows that any gender protection in US Law should be nullified. Any woman fired from her job should be barred from claiming gender discrimination as gender is meaningless.

[E. Pluribus Unum]

Block then fled questioning when asked to elaborate why after the hearing.

Because war is peace, freedom is slavery, ignorance is strength and 2 + 2 = 5.

[lastchance]

I have to agree with him. After all “sex” has long been defined no need to reinvent the wheel.

[SaveFerris]

[Joshua Block is Senior Counsel with the ACLU’s LGBTQ & HIV Projects. He has won landmark cases protecting the rights of transgender people,]

So many Unrepentant Godless Reprobates on the Left

The Lord rebuke rhem

[mass55th]

So,then go play sports with the sex you were born with. I can’t believe this actually went to the Supreme Court, but Trump had no standing in a court of law over a stolen election.

[Savage Beast]

XX
XY

[gibsonguy]

The tranny’s are trying to limit the impact if they lose this case.

[heartwood]

[ACLU Attorney Joshua] Block answered, "I wrote ‘don’t give definition of sex,' and I also said ‘I wouldn’t decide this by assuming that Title IX provides a right to single-sex teams in the regulations. Single-sex teams are optional, they're not mandatory. "

Mixed basketball, track, swimming, crew, lacrosse, golf, wrestling...women and transpeople have the right to try out for the teams and scholarships just as men do.

Is that the intention of Title IX? Would that make the ACLU happy? Possibly.

.

Diana Moon Glampers has entered the arena.

[LegendHasIt]

Depends on what the meaning of “is” is.

[Blood of Tyrants]

Maybe they should define it for Ketanji Brown Jackson because she doesn’t seem to know what a woman is.

[Jamestown1630]

Has any Justice asked why we don’t see trans males (biological females) demanding to compete in male sports?

This is simply CHEATING on the part of biological males who can’t cut it among their peers and have to go against girls to have any edge.

[californian by choice]

What a shame that in this century there are still those who don’t understand that biology is a science.

[Persevero]

Well, if it’s not defined, then all protections related to sex are null and void. That’s a lot of legislation to overturn.

[mass55th]

In the old days, men just learned to accept the fact when they failed to qualify in a sport, and lost a competition.Today, if you’re a male, and a failure in a sport, you simply claim you’re a woman and run roughshod over the opposite sex.