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Culture War Roundup for the week of March 13, 2023

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A Vermont high school was expelled from the athletic association they were in, and cannot participate in any future sports, over said school's decision to forfeit a girl's basketball game against a team with a boy on the roster.

Coverage of the original incident:

Mid Vermont Christian School girls basketball refused to play Long Trail because of transgender player, forfeits playoff game

The latest:

Mid Vermont Christian School ousted from sports over transgender discrimination; Mid-Vermont Christian deemed ineligible by VPA; Mid Vermont Christian School ousted from Vermont Principals Association-sanctioned activities

A local letter to the editor called for a similar outcome last week.

The school is a Christian school, which I'm sure played a large role in all of this. For my part, I'm left wondering what Title IX was supposed to be for, in light of the Bostock decision and Gorsuch's but-for. If you are a boy, and claim to be a girl, and someone treats you as if you were a boy, then but-for your sex, you would expect to be treated as a girl, and therefore anyone treating you as a boy is discriminating on the basis of sex. Yet Title IX explicitly requires discrimination on the basis of sex, since it requires in practice equal numbers of athletic spots available for each sex.

The particular method of exclusion, through the state athletic association, seems like it would make a good target for a lawsuit under Title IX. The prescreens of a boy on the girl's team denies that spot to a girl (on the basis of sex), yet under Bostock that can't be the case.

How can you square this circle? How can you both require separate (discriminatory) athletic spots based on sex, while simultaneously requiring self-ID onto sex segregated teams?

There's another supreme court case currently being held regarding a high school football coach who was fired for praying on the field after games. I mention it because it gets at the religious aspect, rather than the sex aspect.

I found two particular parts interesting, aside from the question above. First, the boys defended the honor of their classmates:

The (MVCS) Eagles’ girls basketball team, seeded 12th in the Division IV postseason, refused to play its first-round game at No. 5 seed Long Trail on Feb. 21 because of a transgender female player on the Mountain Lions’ roster.

The MVCS boys team went on to make its deepest playoff run in school history, overcoming a fourth-quarter deficit to defeat top-seeded Long Trail in the semifinals on March 6.

And second, it's these boys who will also suffer for the girl's basketball coach's decision to forfeit, and for their Head of School's decision to comment. Their entire school, and all of their sports teams, are now without opponents against which to compete.

Title IX is just one avenue to pursue. This looks like a very likely 1st Amendment violation under a myriad of precedents.

What sort of precedents?

Christianity doesn't exactly address the question of playing sports between the sexes. That makes it a poor fit for freedom-of-religion. It's not establishing one religion over another, either. I'd assume it fails to harm any particular religion, and that there are secular sports teams making similar protests.