WASHINGTON – The states of West Virginia and Idaho, together with attorneys from Alliance Defending Freedom, filed their opening briefs Friday with the U.S. Supreme Court in two cases about state laws that protect women’s sports.
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, are asking the court to uphold the state’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 women’s sports law.
“Female athletes in West Virginia are finally having their voices heard at the Supreme Court. This is a monumental day not only in West Virginia, but across the country,” Attorney General McCuskey said. “The people of West Virginia know that it’s unfair to let biological male athletes compete against females; that’s why we passed this commonsense law preserving women’s sports. 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.”
“After five years, Idaho’s law protecting women’s sports has finally reached the U.S. Supreme Court. Now, the ACLU wants to drop the case because they know the strength of our argument,” said Attorney General Labrador. “But the legal arguments of one male athlete do not change the facts: Girls across Idaho can still be forced to compete against boys. That’s not fair, it’s not safe, and it strips young women of equal opportunities. We’re urging the Court to affirm that states have the authority to preserve and protect women’s sports.”
“Almost every week, we hear a new report about a male taking a girl’s rightful spot or medal for which she’s trained and that she deserves. That’s not just unfair, it’s a violation of Title IX. Men cannot become women – their biological differences are scientifically clear. And no ideological arguments attempting to justify allowing males to enter female sports can stand against this truth,” said ADF CEO, President, and Chief Counsel Kristen Waggoner. “ADF is honored to support West Virginia and Idaho in defending these states’ commonsense laws that restore fairness and safety for female athletes across the nation.”
In the West Virginia case, a middle-school male athlete competing on a girls’ track team finished ahead of more than 400 different girls, displacing them 1,100 times in three years in cross-country and track-and-field events. Armistead intervened in the lawsuit to help defend the state’s law.
The opening brief in State of West Virginia explains how the lower court’s decision “reasoned that both the Constitution and Title IX compelled West Virginia to treat sex and gender identity as synonymous when it comes to sports. That approach erases the line between men’s and women’s athletics. Sex affects athletic performance; gender identity does not. If the court below were right, then Title IX’s role in preserving girls’ sports opportunities would end.”
The brief in Little notes that Idaho’s “law reflects a legitimate, evidence-based judgment about how to protect equal opportunities for female athletes. The Ninth Circuit’s contrary view transforms equal protection from a shield against unjust discrimination into a sword that harms women and girls and imperils the future of women’s sports. With increasing frequency, female athletes have been sidelined from their own teams, championship competitions, and winners’ podiums. That is why the NCAA and U.S. Olympic Committee recently changed their policies to mirror those of Idaho and the 26 other states that have enacted similar laws. The Constitution permits what this trend recognizes: female athletes deserve the chance to compete and win in their own sports.”
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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