Trans athlete's attorney suggests sex should not be defined during SCOTUS Title IX case

ACLU attorney Joshua Block would not give his definition of "sex" after arguing on the floor of the U.S. Supreme Court that the definition should not be used when enforcing Title IX, then fled further questioning.

During Supreme Court oral arguments for the West Virginia v B.P.J. case on trans athletes in women's sports, American Civil Liberties Attorney Joshua Block suggested that "sex" should not be defined legally. Block then fled questioning when asked to elaborate why after the hearing. 

Block represents West Virginia trans teen Becky Pepper-Jackson, who in 2021 sued the state to block its law that prohibits biological males from competing in girls' sports. Pepper-Jackson and her mother were in the courtroom on Tuesday to watch the attorney argue the definition of sex should not be used in the court's ruling. 

Block's statement came while arguing why West Virginia's law that prohibits biological males from competing in girls' sports violates Title IX, and then claimed the purpose of Title X is not to have an accurate definition of sex. 

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A protester carries a transgender pride flag outside the Supreme Court as it hears arguments over state laws barring transgender girls and women from playing on school athletic teams, Tuesday, Jan. 13, 2026, in Washington. (Julia Demaree Nikhinson/AP)

"However the court resolves this case, I really urge the court not to do it on the definition of sex argument," Block said, later adding. "I don't think the purpose of Title IX is to have an accurate definition of sex. I think the purpose is to make sure that sex isn't being used to discriminate by denying opportunities… I wouldn't look to whether or not to classify B.P.J. as male