Description: A legal challenge to West Virginia’s Save Women’s Sports Act that, if successful, would undermine women’s sports by allowing males who identify as female to compete with females in girls’ and women’s sports.
US Supreme Court to hear women’s sports cases
West Virginia, Idaho, along with ADF attorneys, are asking high court to protect female athletes
Thursday, Jul 3, 2025
WASHINGTON – The U.S. Supreme Court agreed Thursday to hear two cases concerning state laws that protect women’s sports. The states of West Virginia and Idaho, together with attorneys from Alliance Defending Freedom, asked the high court to take the cases.
In State of West Virginia v. B.P.J., West Virginia Attorney General JB McCuskey, supported by ADF attorneys who serve as co-counsel and also as counsel to former college soccer player Lainey Armistead, asked the Supreme Court to hear their case after the U.S. Court of Appeals for the 4th Circuit ruled against West Virginia’s law protecting fairness in women’s sports. In Little v. Hecox, Idaho Attorney General Raúl Labrador, also supported by ADF attorneys as co-counsel, is asking the high court to uphold his state’s Fairness in Women’s Sports Act after the U.S. Court of Appeals for the 9th Circuit stopped the law from going into effect.
“It’s a great day, as female athletes in West Virginia will have their voices heard,” McCuskey said. “The people of West Virginia know that it’s unfair to let male athletes compete against women; that’s why we passed this commonsense law preserving women’s sports for women. We are confident the Supreme Court will uphold the Save Women’s Sports Act because it complies with the U.S. Constitution and complies with Title IX. And most importantly: It protects women and girls by ensuring the playing field is safe and fair.”
“Idaho’s women and girls deserve an equal playing field,” added Labrador. “I am thrilled the U.S. Supreme Court has agreed to hear our case. For too long, activists have worked to sideline women and girls in their own sports. Men and women are biologically different, and we hope the court will allow states to end this injustice and ensure men no longer create a dangerous, unfair environment for women to showcase their incredible talent and pursue the equal opportunities they deserve.”
“Women and girls deserve to compete on a level playing field. But activists continue their quest to erase differences between men and women by forcing schools to allow men to compete in women’s sports,” said ADF CEO, President, and Chief Counsel Kristen Waggoner. “This contradicts biological reality and common sense. We should be seeking to protect women’s sports and equal opportunities, and West Virginia’s and Idaho’s women’s sports laws accomplish just that. We are pleased the court will listen to the countless girls across the country speaking out on this issue and restore fairness and safety for female athletes.”
In the West Virginia case, a middle-school male athlete competing on a girls’ track team finished ahead of nearly 300 girls in three years in cross-country and track-and-field events. Armistead intervened in the lawsuit to defend the state’s law, which was enacted to ensure equal athletic opportunities for women.
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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