WASHINGTON, D.C. — Today, the Republican Attorneys General Association celebrates the Supreme Court’s historic ruling allowing states to uphold Title IX and protect sex-based categories in sports. The Court ruled on two cases at the state level: West Virginia v. B.P.J and Little v. Hecox, defended by West Virginia Attorney General JB McCuskey and Idaho Attorney General Raúl Labrador, respectively.
“This is a monumental victory for every female athlete who has ever competed, or dreamed of competing, on a fair and safe playing field. Today’s Supreme Court 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,” said West Virginia Attorney General JB McCuskey. ”Without that delineation, Title IX is turned on its head and decades of hard-fought progress to advance female athletes is erased. I am immensely proud of my team for not only getting this issue before the Court but for delivering sound and successful arguments. This landmark victory will give all states, not just West Virginia, the clarity and confidence to ensure fairness and safety for female athletes today and for generations to come.”
“Today’s decision is a victory for common sense, fairness, and the countless girls and women who dedicate themselves to athletics. Idaho led the nation by becoming the first state to protect women’s sports, and I’ve never wavered in defending that law,” said Idaho Attorney General Raúl Labrador. “The Supreme Court has now confirmed that states can preserve fair competition and protect the opportunities that generations of women fought to secure. Every parent can rest assured that our law protects their daughters competing in Idaho.”
“Republican Attorneys General act — and win,” said RAGA Executive Director Adam Piper. “Today’s decision is a major victory for common sense, fairness, and the integrity of women’s sports. Republican Attorneys General fight for women. They were right on the facts. They were right on the Constitution. And they delivered the equal opportunity case of our generation to protect opportunities for female athletes. The Supreme Court affirmed what Americans have long known: women’s sports should be for women.”
Background
West Virginia passed the Save Women’s Sports Act in 2021, which requires biological males to compete on boys-only or co-ed teams. In response, a biological male student who identifies as female, BPJ, filed a lawsuit challenging the law, claiming it violated Title IX and the Equal Protection Clause. The District Court found in favor of West Virginia, granting summary judgment. After BPJ appealed that decision, the Fourth Circuit Court, in a split decision, ruled in favor of BPJ. West Virginia appealed the Fourth Circuit’s decision, and oral arguments were presented to the Supreme Court on Tuesday, January 13, 2025.
Idaho passed the Fairness in Women’s Sports Act in 2020, the first in the nation, which reserved women’s athletic teams for biological females. Almost immediately after it passed – and before it took effect – the ACLU and other similar organizations filed a lawsuit on behalf of Lindsay Hecox, claiming it violated the Equal Protection Clause. The District Court found in favor of the plaintiff, issuing a preliminary injunction. The Ninth Circuit affirmed the lower court’s injunction and later denied a request for a rehearing. Idaho appealed to the Supreme Court, which heard arguments in the case on Tuesday, January 13, 2025.
Twenty-seven AGs signed on to an amicus brief led by Arkansas Attorney General Tim Griffin and Alabama Attorney General Steve Marshall, adding their legal and political weight to the cause:
Former Attorney General Stephen Cox (AK), Attorney General James Uthmeier (FL), Attorney General Chris Carr (GA), Attorney General Raúl Labrador (ID), Attorney General Todd Rokita (IN), Attorney General Brenna Bird (IA), Attorney General Kris Kobach (KS), Attorney General Russell Coleman (KY), Attorney General John Formella (NH), Attorney General Drew Wrigley (ND), Former Attorney General Dave Yost (OH), Attorney General Gentner Drummond (OK), Attorney General Dave Sunday (PA), Attorney General Alan Wilson (SC), Attorney General Marty Jackley (SD), Attorney General Jonathan Skrmetti (TN), Attorney General Liz Murrill (LA), Attorney General Lynn Fitch (MS), Attorney General Catherine Hanaway (MO), Attorney General Austin Knudsen (MT), Attorney General Mike Hilgers (NE), Attorney General Ken Paxton (TX), Attorney General Derek Brown (UT), Former Attorney General Jason Miyares (VA), Attorney General Keith Kautz (WY), and Attorney General Douglas Moylan (GU).
The full brief can be read here.
###