Capito Joins Bicameral Amicus Brief Supporting West Virginia, Idaho Title IX SCOTUS Cases

WASHINGTON, D.C. - U.S. Senator Shelley Moore Capito (R-W.Va.) joined a bicameral group of Republicans in filing an amicus brief with the Supreme Court of the United States in the cases Little v. Hecox and State of West Virginia v. B.P.J. The brief-which was filed by Senator Jim Risch (R-Idaho) and Representative Riley Moore (R-W.Va.)-supports the States of West Virginia and Idaho in defending their laws preserving Title IX protections and prohibiting biological men from participating in women's sports.

"Women's sports should remain just that - women's sports. West Virginia has a proud tradition of female athletes who deserve a level playing field, and I'm proud to stand with my colleagues in defending that principle-something I've long-championed. Allowing biological males to compete in women's sports undermines the very fairness and protections Title IX was designed to provide. This amicus brief makes clear that protecting women's sports is not only common sense, but also the law and I'm confident the Court will come to the same conclusion," Senator Capito said.

"Life isn't fair, but sports should be. Idaho passed a strong law to uphold Title IX's intended purpose and prevent biological men from competing in women's sports. This amicus brief demonstrates that any attempt by the courts to rewrite Title IX protections throws away decades of progress made by women and jeopardizes their right to fair, equal athletics. Our daughters and granddaughters deserve an even playing field, and Idaho's law does just that," Senator Risch said.

"West Virginia passed a law saying men shouldn't play in women's sports. This is just common sense - men and women are biologically different. Congress passed Title IX to create a space for women to have the ability to compete in athletics. I'm proud to lead this bicameral Members of Congress amicus brief with Sen Jim Risch (R-Idaho) in defense of my home state and Idaho's laws protecting women's sports at the Supreme Court. Men cannot become women and they certainly shouldn't be forced to compete together. We have a duty to protect our children and ensure that no more girls are injured by transgender athletes pretending to be women," Representative Moore said.

In addition to Senators Capito and Risch, and Representative Moore, the following members also joined in filing the brief: U.S. Senators Jim Justice (R-W.Va.), Mike Crapo (R-Idaho), and Jim Banks (R-Ind.), as well as Representatives Carol Miller (R-W.Va.), Mike Simpson (R-Idaho) and Russ Fulcher (R-Idaho).

BACKGROUND:

The amicus brief emphasizes that Title IX was written on the basis of sex, not gender identity. The brief states:

• Neither Title IX nor subsequent legislation mention the concept of "gender identity;"

• Title IX was enacted under the Spending Clause, which requires clear and unambiguous provisions, none of which say anything about gender identity; and

• Any attempts to expand upon Title IX protections must come from Congress, not the courts.

To read the amicus brief, click here.

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