On January 6th, Just the News posted an article about a recent decision by the full 11th U.S. Circuit Court of Appeals.

The article reports:

Days after the full 11th U.S. Circuit Court of Appeals upheld a Florida high school’s requirement that students use the restroom for their sex, calling it an “immutable characteristic” under Title IX, U.S. District Judge Joseph Goodwin upheld West Virginia’s Save Women’s Sports law.

“While some females may be able to outperform some males, it is generally accepted that, on average, males outperform females athletically because of inherent physical differences between the sexes,” Goodwin wrote. 

The transgender plaintiff acknowledged that “circulating testosterone in males creates a biological difference in athletic performance,” the opinion said. Goodwin cannot conclude “the state’s classification based on biological sex is not substantially related to its interest in providing equal athletic opportunities for females.”

The 11th Circuit and Goodwin’s rulings are a reversal of fortunes for the ACLU, which recently convinced the 2nd Circuit to uphold Connecticut’s transgender sports policy and blocked Idaho’s pioneering Fairness in Women’s Sports Act in trial court in 2020. 

The 9th Circuit heard mootness arguments in May 2021 based on plaintiff Lindsay Hecox’s uncertain return to Boise State University, remanding the transgender competitor’s challenge to Idaho law, but is now considering another appeal.

U.S. District Judge David Nye ruled last summer the case was not moot due to Hecox’s spring 2022 return, participation in women’s club soccer and intention to try out for women’s track and cross-country.

Are we finally going to reach a point where we realize that there are basic differences between men and women? How many women have lost scholarship opportunities because they were forced to compete against men? It really is time that we ‘follow the science’ as some politicians like to say.