The Supreme Court's Women's Sports Ruling Will Echo Long After the Birthright Debate

AP Photo/Jose Luis Magana

It is both amazing and sad how the United States Supreme Court decision on birthright citizenship has taken up all of the oxygen in the news cycle and in the minds of many Americans. This has overshadowed some of the other equally important decisions, like the one in Little v. Hecox and West Virginia v. B.P.J., holding that states may reserve girls' and women's sports teams for biological females without violating Title IX or the Constitution.

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Justice Brett Kavanaugh wrote in the majority opinion

The Court concludes that separate sports teams for biological males and biological females are reasonable given the inherent physical differences between the sexes. In assessing the reasonableness of the regulations, the Court must recognize the distinctiveness of competitive sports—and the safety and competitive fairness issues that can arise when females are forced to compete against males. In recent years, 27 States and various sports-governing bodies have all drawn the same line. 

More people should be outraged that we had to reach a point that a Supreme Court was required to delineate this.

Today's landmark decisions in Little v. Hecox and West Virginia v. B.P.J. mark a huge victory for women's sports.

It is not discrimination to keep males out of female athletics to ensure a fair and safe competitive playing field for women and girls—the very people Title IX was enacted to protect.

Very proud to have co-authored Team USA's amicus brief. 

All this is not to say that the SCOTUS decision on birthright citizenship was without consequence. However, what the justices failed to affirm from that case can largely be accomplished through legislative action. This would enact the permanent change required, which cannot be fully accomplished through mere SCOTUS precedent or executive order.

But had the Court affirmed the lower courts in Little v. Hecox and West Virginia v. B.P.J., it would have allowed language and immutable traits to be bastardized and codified in order to create an unfair advantage which not just erases women, but endangers lives. It would have had an immediate domino effect of catastrophe, confusion, and a destruction of the guardrails which protect the purpose, safety, and security of our young women and girls.

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Read More: Supreme Court Delivers Landmark Title IX Win for Women's Sports

A 'BIG WIN' — Trump Hails SCOTUS for Political Spending and Men in Women's Sports Rulings


Alliance Defending Freedom (ADF) CEO and Chief Counsel Kristen Waggoner celebrated the victory of which she was a part, and broke down its importance.

“This is a victory for every girl who refused to stay quiet in the face of injustice. Men cannot be women, and no drug erases the male athletic advantage. I’m grateful to Attorneys General Raúl Labrador and JB McCuskey and our clients for their courage,” said ADF CEO, President, and Chief Counsel Kristen Waggoner. “Policies that ignore biological truth hurt people. In West Virginia, the male plaintiff defeated more than 470 girls over 1,400 times, won the women’s state championship in shot put, and sexually harassed our client Adaleia Cross in the girls’ locker room. Adaleia’s story is not unique. After today’s decision, the 23 states still on the sidelines have run out of excuses. Protect women’s sports. Our girls have waited long enough.”

“This is a monumental victory for every female athlete who has ever competed, or dreamed of competing, on a fair and safe playing field,” McCuskey explained. “Today’s decision affirms what common sense and the law have long made clear: States have the right to designate sports teams based on biological sex, not gender identity. Without that delineation, Title IX is turned on its head, and decades of hard-fought progress to advance female athletes is erased.”

Attorney, author, and president of the Judicial Network Carrie Severino also discussed the decision on Fox News' "America Reports." Severino referenced Justice Neil Gorsuch's concurring opinion, which stated, "We read the word 'sex' in Title VII to refer to biological sex." In the video below, Severino continued this thought: "That's really important because there's a lot of people trying to push that farther and farther away from what those words actually mean."

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This defining moment becomes even more special because of the young women who stood up and refused to be reduced and erased. Because the cases have been years-long battles, we often forget the young girls and women who put their reputations, their advancement, and sometimes their lives on the line. As Severino noted, there are 23 other states that still refuse to acknowledge biology and common sense. While this particular battle has been won, those other battles also must be. Perhaps it is time for those who have sat on the sidelines or dismissed the fight outright to get engaged.  

Riley Gaines

 In 2022, University of Kentucky competitive swimmer Riley Gaines was forced to compete against transgender Will "Lia" Thomas and share a changing room with him. Since that time, she has become the tip of the spear, advocating for the protection of women's sports and spaces. On Tuesday, Gaines spoke about the SCOTUS decision and the work that still lies ahead.

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Paula Scanlan

Paula Scanlan is also a former competitive swimmer who was forced to compete alongside Thomas at the University of Pennsylvania. Like Gaines, it inspired her to stand up and speak out against the blurring of lines that allows biological males pretending to be female to compete against women, to the women's detriment.

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If we're gonna have women's sports they are worth protecting. If we're gonna have a women's category it needs to be defined. If we're gonna have Title IX we need to know what a woman is and we need to know who the athletes that are allowed to compete in that category are.

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Then there are those who lost opportunities, scholarships, awards, and potential. 

Mary Kate Marshall

Mary Kate Marshall was an Idaho State athlete who was also forced to compete against biological males. Marshall became a part of the Little v. Hecox suit in order to make her voice heard and strengthen the state's case. Marshall spoke with Fox News Digital about her battle and why she wanted to be a part of this lawsuit.

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Former Idaho State athlete Mary Kate Marshall had to compete against a biological male trans athlete and watch her teammate get pushed off the podium six years ago, so she signed on as a voluntary defendant to help defend her home state's law to protect women's sports. 

After many losses and setbacks in court, and personal sacrifices after making her stance public, today she saw the U.S. Supreme Court rule to protect her state's law.

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Ella Frei

Wisconsin volleyball player Ella Frei went to her school board to speak out against males being allowed in women's restrooms and competing against women in their sport. She was bullied and harassed, even by some of the teachers at her school. Frei celebrates the SCOTUS victory and wants everyone who opposed her to know: She is still here and will continue to fight. 

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My name is Ella, I'm 17 years old.

I do long jump. I play volleyball. I go to school in New Richmond, Wisconsin.

When my school allowed a biological male into the girls' restroom without telling parents —

I went to the school board.

With my name attached.

In my own town.

I got bullied for it. Harassed online. Even some of my own teachers came after me.

I'm still here.

Because here's what I know:

The net in women's volleyball is set nearly a foot lower for a reason.

A biological male can hit a ball across that net at force that could seriously injure a girl.

And in track — all it takes is three biological males entering the girls' category

and not a single girl in this state stands on a podium.

I didn't speak up because it was easy.

I spoke up because somebody had to.

The Supreme Court is about to answer the question every girl in America is asking.

We're ready.

Payton McNabb

North Carolina volleyball player Payton McNabb was a senior in high school when she was spiked in the face by a transgender athlete who was able to compete on the opposing girls' team. McNabb has suffered significant and long-term physical and mental injuries because of the North Carolina Athletic Association's policy to allow boys to compete in girls' sports. McNabb has been a pivotal voice, warning about the dangers posed by this policy, and advocating for change. McNabb also spoke with Fox News about how she felt after the SCOTUS decision.

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Former professional soccer player Elizabeth Eddy also spoke on the Supreme Court on behalf of these cases. Eddy discussed this consequential decision in an X post, affirming, "This is the work. It’s worth doing well, and worth doing right."

I spent 11 years in professional women’s soccer. I know what the women’s category makes possible — and what’s lost when we blur it.

This January, Riley Gaines invited me to speak on the steps of the Supreme Court as the justices heard these very cases. Today, we have the ruling: the Court upheld states’ ability to keep girls’ school sports sex-based. It’s a real step toward protecting fair competition for the next generation of girls.

Protecting the integrity of women’s sports means telling the truth about biology. The physical differences between male and female athletes are real — and they’re exactly why the category exists in the first place.

This is the work. It’s worth doing well, and worth doing right.

Honored to have spoken alongside @Riley_Gaines_ at the Supreme Court. Thank you @ADFLegal for hosting and @icons_women for everything you do. Photo courtesy of @icons_women.

#ProtectWomensSports #TitleIX

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