Protesters for and against gender-affirming care for transgender minors demonstrate outside the Supreme Court on Dec. 4, 2024, in Washington. (Jose Luis Magana/Associated Press file)
"Trans activists continually bring up made-up concerns like this so that they can continue justifying allowing males in girls' and women's sports," Bursch said.
As Bursch noted, the conundrum has reared its head recently in a handful of the 27 states that have imposed sex-separated athletics mandates.
In Idaho, one of the earliest states to adopt a sex-separation sports mandate, the courts struck down a law requiring athletes to verify their gender if questioned by someone else, arguing it targets women for invasive and intrusive medical procedures that males would not be subject to.
A similar issue in Florida played out in 2024 after a parent was investigated by county officials for allegedly sneaking their transgender child onto a female sports team. Even though the state's law does not have a sex dispute provision for individuals, school district enforcement investigations still can.
In that case, the courts argued that Florida's law requiring verification was not discriminatory, however. The case was eventually dismissed.
Meanwhile, pressure on the Sunshine State's high school athletic association has also led to it removing questions from its physical evaluation forms that had been there for decades, according to local reporting.
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The transgender athletes sports debate was the subject of a podcast involving Malcolm Gladwell. (iStock)
But, despite the potential tripwires, both Perry and Bursch pointed to the Constitution's supremacy clause barring any change in the Biden-era Title IX interpretation which still remains amid various ongoing legal battles. Perry also noted that there is no requirement forcing school districts or education institutions to take federal dollars, but said that once they do "it is very clear that representations of contrary legal obligation are not sufficient to violate federal civil rights law."
The Supreme Court heard oral arguments earlier this month that analysts have suggested show that the court is open to upholding state-level mandates requiring athletic eligibility be determined by biological sex.
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"We are going to see these questions ultimately, I believe, in the end, reach the Supreme Court before the Trump administration's last day," Perry said. "These are questions about preemption, about the Supremacy Clause, about the operation of states' rights versus federal civil rights obligations, and they're going to take a while to litigate."
Perry pointed to deadlocks in Maine and California where trans-rights advocates are standing behind state law in order to defend allowing sports to remain separated by gender identity and not biological sex.
https://www.foxnews.com/politics/privacy-concerns-discrimination-doctor-pushback-compliance-traps-looming-behind-sex-separated-sports