Texas Attorney General Ken Paxton is joining an amicus brief led by Tennessee filed in the New York-based U.S. Court of Appeals for the Second Circuit that emphasizes Title IX legal protections for female athletes.
Title IX is federal legislation prohibiting sex-based discrimination in federally-funded education programs or activities.
“For decades, Title IX has helped create opportunities for girls to participate in sports by prohibiting educational programs from discriminating on the basis of sex,” Paxton’s office wrote in a press release.
The press release called out “recent attempts to radically alter the definition of ‘sex,’” despite that Title IX has “long operated under the biological reality that there are two separate sexes: male and female.”
“Relying on a definition of “sex” that is entirely subjective allows biological men to compete against biological women, oftentimes hampering a key protection under Title IX, which is the ‘chance to be champions,’” Paxton’s office added.
The amicus brief states:
Providing girls the opportunity to experience the thrill of victory was one of the main athletic purposes of Title IX. At the time of Title IX’s enactment, the public understood that allowing biological boys to compete against girls would result in boys taking away championship opportunities designated for girls. In this circumstance, Defendants have failed to ‘effectively accommodate the interests and abilities of members of both sexes’ by refusing to offer truly sex-separated track-and-field competitions for the two sexes.
The brief also highlights recent events in Connecticut where biological boys won “a large number” of track-and-field events when competing against girls.
Related: Van Jones: It “Doesn’t Make Sense” to Allow Top-Level Men to Play on Women’s Sports Teams
There has been a growing movement to address the rise of transgender athletes in women’s sports among Republican politicians.
For example, Rep. Greg Steube (R-FL) introduced H.R. 734, The Protection of Women and Girls in Sports Act, which would prohibit schools that receive Title IX funding from allowing “a person whose sex is male to participate in an athletic program or activity that is designed for women or girls.”
However, President Joe Biden’s White House said he “strongly” opposes that legislation, adding that “participating in sports and being part of a team is an important part of growing up.”
“H.R. 734 would deny access to sports for many families by establishing an absolute ban on transgender students – even those as young as elementary schoolers – playing on a team consistent with their gender identity,” the White House said in a statement. “If the President were presented with H.R. 734, he would veto it.”
The case is Soule v. Connecticut Association of Schools, Inc., No. 21-1365 in the U.S. Court of Appeals for the Second Circuit.
Jordan Dixon-Hamilton is a reporter for Breitbart News. Write to him at jdixonhamilton@breitbart.com or follow him on Twitter.