WASHINGTON, D.C. – Today, the U.S. Supreme Court announced that it will hear two cases involving state laws that ban males from participating in female sports. In West Virginia v. B.P.J., the state petitioned the Supreme Court to hear their case after the U.S. Court of Appeals for the 4th Circuit ruled against West Virginia’s Save Women’s Sports Act. In Little v. Hecox, Idaho Attorney General petitioned the Supreme Court after the U.S. Court of Appeals for the 9th Circuit ruled against the state’s Fairness in Women’s Sports Act. 

Beth Parlato, Senior Legal Advisor of Independent Women’s Law Center, said: “I am thrilled with the U.S. Supreme Court’s decision to hear the critical cases of West Virginia v. B.P.J. and Hecox v. Little. This marks a critical moment for the future of women’s sports and the preservation of fair competition and safety for female athletes. By taking up these cases, the Court has recognized the importance of ensuring that girls and women have the opportunity to compete on a level playing field. I am confident that the Supreme Court will uphold West Virginia’s Save Women’s Sports Act and Idaho’s Fairness in Women’s Sports Act, thereby acknowledging the constitutionality of laws in the 28 states that protect women’s and girls’ sports. A favorable SCOTUS decision also has the potential to codify the meaning of “sex” in Title IX to specifically exclude gender identity. This is good news!”

Victoria Coley, Vice-President of Communications at Independent Women, said: “The Supreme Court’s decision to hear these pivotal cases is a watershed moment for women and girls across America. For years, female athletes have fought tirelessly to preserve fairness and safety in women’s sports. We are hopeful the Court will uphold the simple truth: women’s sports are for women.”

The Court’s ruling has the potential for a national standard, which would not only be precedent for the 28 states that have laws to protect female sports, but apply nationwide to all 50 states. Furthermore, it is hopeful that the Court will clarify the meaning of “sex” in Title IX to mean “male” and “female”. The 4th Circuit in the West Virginia case held the state law discriminated against trans-identifying athletes based on their sex in violation of Title IX.   

Independent Women has been on the forefront of advocating for laws protecting female-only sports and spaces. 28 states have passed laws using IW’s model legislation and 17 states have passed laws codifying sex based terms.

Independent Women’s Law Center filed amicus briefs in both West Virginia v. B.P.J and Little v. Hecox in the Circuit Courts, and will file amicus briefs to the U.S. Supreme Court in support of the states of West Virginia and Idaho.  

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