HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.sag/sagwv0060 and id is 1 raw text is:
State of West Virginia
Office of the Attorney General
Patrick Morrisey (304) 558-2021
Attorney General March 15, 2017 Fax (304) 558-0140
Honorable George V. Siter
Prosecuting Attorney of Mercer County
Mercer County Courthouse Annex
120 Scott Street, Suite 200
Princeton, West Virginia 24740
Dear Prosecutor Sitler:
You have asked for an Opinion of the Attorney General regarding sex-segregated athletic
programs. This Opinion is being issued pursuant to West Virginia Code § 5-3-2, which provides
that the Attorney General may consult with and advise the several prosecuting attorneys in
matters relating to the official duties of their office. To the extent this Opinion relies on facts, it
is based solely upon the factual assertions set forth in your correspondence with the Office of the
Attorney General.
According to your letter, a question has arisen concerning student participation in the
softball team at Pikeview High School. You explain that the Mercer County Schools sponsor
several sex-segregated sports programs. Football and baseball have [tiraditionally been male
sports, whereas [s]oftball has always been treated as a females-only sport. The letter states
that [a] male student, who exhibits some nontraditional gender-identity traits (makeup, skirts,
etc.)[,] has signed up and announced his intention to try out for the softball team.
Your letter raises the following legal question:
May a school prohibit a male student with nontraditional gender-identity traits
from participating in a traditional girls-only sports program and still comply with
Title LX?
Title IX of the Education Amendments of 1972 marked a momentous shift for women's
equality in classrooms, on playing fields, and in communities throughout our nation.' The
'Obama Administration Commemorates 40 Years of Increasing Equality and Opportunity for Women in Education
and Athletics, White House, Office of the Press Sec'y (June 20, 2012), available at https://obamawhitehouse.
State Capitol Building 1, Room E-26, 1900 Kanawha Boulevard East, Charleston, WV 25305](ViewImageLocal?handle=hein.sag/sagwv0060&div=1&collection=&method=preview&ext=.png&size=3)