Biden’s Department of Justice has just issued a legal challenge to a state law in West Virginia that prevents male-to-female transgender athletes — who are biological males — from competing in women’s sports at the collegiate or high-school levels.

It has also filed a similar challenge to an Arkansas law that banned experimental transgender treatments from being implemented on minors. Opponents claim that this treatment is similar to chemical castration, wreaking permanent and irreversible changes to a child’s endocrine system.

In both cases, the DOJ alleges that the laws are unconstitutional.

Law as a Vehicle for Social Transformation

In its legal brief challenging the West Virginia law, the Biden DOJ declared, “A state law that limits or denies a particular class of people’s ability to participate in public, federally funded educational programs and activities solely because their gender identity does not match their sex assigned at birth violates both Title IX and the Equal Protection Clause” of the Fourteenth Amendment.


The challenge to the Arkansas statute is essentially based on the same sort of reasoning.

The DOJ further said that Republican officials in West Virginia who passed that particular law “legislated based on misconceptions and overbroad assumptions” about what it means for biological men to compete in sports against women.

Opponents say that the result of allowing male-to-female transgender athletes to compete with women is that the transgender athletes will easily defeat their competition. In cases where athletic scholarships are at stake — as they often are in these cases — deserving young women will be deprived of opportunities by men who have used “transgenderism” as an excuse to compete against women.


To take just one case out of many where this happened, consider Selina Soule, a female athlete from Connecticut who spoke of what happened when she was forced to compete against biological men. Appearing in Florida to support that state’s own version of the West Virginia law, she said the following: “In 2017, Connecticut began allowing two male athletes who self-identify as girls to compete in girls’ sports. During all for years of high school. I was forced to compete against them, even though they were bigger, stronger and faster than me, because they were male. In just three years, these athletes won 15 women’s championship titles and they set 17 new individual meet records…”