Montgomery, AL – Alabama Attorney General Steve Marshall has joined a 24-state coalition in filing an amicus brief, urging the U.S. Supreme Court to review a Ninth Circuit Court of Appeals decision that deemed Arizona’s 2022 law likely unconstitutional. The law restricts participation in girls’ sports teams to biological females, a measure the court ruled could violate the Equal Protection Clause by excluding biological males who identify as females.
The coalition, led by Marshall and Arkansas Attorney General Tim Griffin, argues that allowing biological males to compete in women’s sports undermines decades of progress in achieving fairness and equal opportunities for female athletes. The states joining the brief include Florida, Texas, Kentucky, and Georgia, among others.
In a statement, Marshall emphasized the importance of protecting the competitive integrity of women’s sports:
“Our coalition is determined to preserve the 50 years of work that expanded opportunities and leveled the playing field for girls and women in sports. But the left continues to pander to a small minority of their base, urging states and courts to disregard years of scientific evidence showing that males have a competitive advantage over female athletes in competition. Parents of daughters are rightfully outraged at the loss of positions on teams and college scholarships. As our multiple briefs to the Supreme Court show, it’s time to return to fairness in opportunity for sports.”
This filing is part of a broader effort by Marshall to address gender and sports-related legal challenges. Over the past year, he has led briefs in similar cases involving laws in Idaho and West Virginia. Additionally, Marshall successfully opposed the Biden administration’s proposed expansion of Title IX regulations, which would have allowed biological males access to female-designated spaces, such as locker rooms and bathrooms, in public schools.
In Alabama, legislation passed in 2023 aligns with these efforts, defining sports team classifications in public schools, colleges, and universities based on biological sex rather than gender identity.
The coalition’s brief is the latest move in an ongoing national debate about the intersection of gender identity, athletic competition, and civil rights, as states and courts wrestle with balancing inclusion and fairness in sports. The Supreme Court’s decision on whether to review the case could have significant implications for similar laws across the country.
