USCA11 Case: 18-13592 Document: 304-1 Date Filed: 12/30/2022 Page: 57 of 150
of both sexes, and then disallowing any distinctions among them on the basis of sex, is by definition and in effect a rejection of Title IX’s equality goals.
Id. at 133.
As particularly relevant to this appeal, such physiological differences exist in high school sports. See id. at 89–90. While most studies look at the differences between the best or “elite class” females in sport as compared to their male counterparts, “[i]t is perhaps more important … that those girls who are only average high school athletes … would fare even worse.” Id. at 90. Looking to these young women and girls, “if sport were not sex segregated, most school-aged females would be eliminated from competition in the earliest rounds.” Id. For that matter, many biological girls may not even make the team, missing out on the key skills learned from participation in sports and missing out on key opportunities to further their education through higher education scholarships. See id. at 72.
But why does it matter if women and girls are given the equal opportunity to compete in sports? The answer cuts to the heart of why Title IX is seen as such a success story for women’s rights and why this case presents significant questions of general public concern. “Girls who play sports stay in school longer, suffer fewer health problems, enter the labor force at higher rates, and are more likely to land better jobs. They are also more likely to lead.” Beth A. Brooke-Marciniak & Donna de Varona, Amazing Things Happen When You Give Female Athletes the Same
