Republican Rep. Nancy Mace Condemns ACLU Attorney for Refusing to Define “Sex” at Supreme Court Title IX Hearing
At a Supreme Court Title IX hearing, ACLU attorney Joshua Block declined to define “sex,” prompting Rep. Nancy Mace’s criticism and igniting debate over how the Court’s decision in West Virginia v. B.P.J. could affect transgender athletes and women’s sports.
Key takeaways
- ACLU attorney Joshua Block repeatedly declined to define “sex” during oral argument, saying the Court should not base Title IX on a fixed definition. (Joshua Block exchange)
- Rep. Nancy Mace posted the exchange and said the ACLU’s refusal undermines its credibility on sex-discrimination arguments.
- The case, West Virginia v. B.P.J., asks whether state rules barring transgender girls assigned male at birth from girls’ K–12 sports violate Title IX and the Constitution.
- Legal and political fallout reached national commentators and advocates, highlighting stakes for school sports policies, including in Los Angeles.
What happened at the hearing
On January 13, 2026, the Supreme Court heard argument in West Virginia v. B.P.J., a case over whether state rules that bar transgender girls who were assigned male at birth from competing in girls’ K–12 sports violate federal civil-rights law (Title IX) and the Constitution. Fox News
During oral argument, Joshua Block, senior counsel with the ACLU’s LGBTQ & HIV Projects, repeatedly declined to provide a fixed definition of “sex.” He told the Court, “I don’t think the purpose of Title IX is to have an accurate definition of sex,” urging a broader framing centered on harm and fairness to transgender students. Fox News
When pressed by Chief Justice John Roberts that a statutory term “must mean something,” Block agreed the Court could, for the sake of this case, accept the state’s use of “biological sex” as the operative term.
Block argued the cross-country meet at issue had no roster cuts, limiting potential harms he characterized as part of competition rather than intentional discrimination. Justices, including Justice Neil Gorsuch, pointed to other sports where cuts and roster displacement could raise different concerns. Fox News
Political and legal reactions
Rep. Nancy Mace posted video of the exchange on X and criticized the ACLU for what she framed as a refusal to define sex, writing that if the ACLU “can’t even define what sex is, they have no credibility lecturing anyone about sex discrimination.” The clip circulated widely among conservative commentators and lawmakers. Fox News
John Bursch of Alliance Defending Freedom, representing female athletes and the State of West Virginia, called Block’s approach “completely bizarre,” asking how courts could interpret Title IX without a clear definition of sex and urging the Court to construe Title IX as Congress used the term when enacted. Meaww Fox News
ACLU’s strategy and broader claims
The ACLU, through Block, urged the justices to focus on whether policies exclude transgender students in a way that harms them and whether those policies comport with anti-discrimination protections. Block warned that forcing transgender students onto boys’ teams could harm those students and asked the Court to weigh harms to multiple groups rather than anchor the dispute in a single statutory label. Meaww
Why the definition of “sex” matters in Title IX cases
Title IX prohibits discrimination “on the basis of sex” in federally funded education programs. How the Court interprets sex determines who may be excluded from programs and teams. A biologically tied definition (birth-assigned sex) would likely uphold many state laws restricting transgender girls from girls’ sports; a more context-driven or inclusive interpretation would put those state laws at greater legal risk.
The justices pressed both sides on statutory meaning and practical consequences, signaling awareness of the nationwide impact of whichever rule the Court adopts. Fox News
Implications for Los Angeles, California
Economic impact: Los Angeles’ high school and college sports programs—from the Los Angeles Unified School District to NCAA programs at UCLA and USC—could face eligibility and scholarship shifts, altering recruitment and creating administrative and legal costs for districts and colleges. Fox News
Political consequences: California’s policies generally support transgender students’ participation consistent with gender identity. A ruling for state laws like West Virginia’s could spur debates in Los Angeles about defending current guidance or adjusting protections, placing pressure on school boards and local officials.
Social effects: The debate may heighten tensions in school communities, prompting school districts, youth leagues and community organizations to seek clear guidance on eligibility, facilities and student well-being. Increased demand for counseling and legal advice is possible for LGBTQ youth services. Meaww
Practical applications for residents
Parents and coaches in Los Angeles should monitor guidance from the Los Angeles Unified School District and the California Interscholastic Federation. Athletic directors may review policies and team data, while families should consult school officials or legal aid if eligibility questions arise. Community forums and local media will likely cover the decision and its fallout. Fox News Meaww
Reporting notes and sources
- Fox News: “Trans athletes attorney suggests sex should not be defined during SCOTUS Title IX case”
- Fox News: “Nancy Mace rips trans athletes attorney for refusing to define sex at SCOTUS women’s sports hearing”
- Meaww: coverage of Mace’s comments and reactions
Note: The Supreme Court’s decision in West Virginia v. B.P.J. will shape how Title IX is applied nationwide and will have practical effects on school sports policies as districts, colleges and families prepare for potential changes.
