Montgomery, AL – Alabama Attorney General Steve Marshall has spearheaded a 26-state amicus brief urging the U.S. Supreme Court to review a lower court’s decision that could impact states’ ability to restrict girls’ sports teams to biological females. The brief challenges a June ruling by the Ninth Circuit Court of Appeals, which determined that Idaho’s Fairness in Women’s Sports Act likely violates the Equal Protection Clause by preventing biological males who identify as women from competing on women’s sports teams.
The brief, led by Marshall and Arkansas Attorney General Tim Griffin, argues that allowing biological males to compete in female sports creates an unfair advantage, undermining decades of progress toward gender equity in athletics. Marshall criticized the Biden-Harris administration’s stance on expanding the definition of ‘female’ to include individuals based on gender identity rather than biological sex, accusing them of pushing a radical agenda that jeopardizes fairness in sports.
“In recent years, we have seen males outperforming females in sports due to inherent biological advantages,” Marshall stated. “Despite significant progress for women in sports over the past 50 years, we are now witnessing a reversal where biological males are being allowed to take opportunities from female athletes. States like Alabama and Idaho are committed to preserving fairness and equal opportunity in sports.”
In support of the brief, the attorneys general from Alaska, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming have joined the effort.
Additionally, U.S. Senators Katie Britt (R-Ala.) and Marsha Blackburn (R-Tenn.), along with 21 of their colleagues, have called on the National Collegiate Athletic Association (NCAA) to revise its student-athlete policies. They urge the NCAA to ensure that only biologically female students can participate in women’s sports, citing scientific evidence of performance disparities between men and women.
Senators emphasized that even with hormone treatments, biological males retain physical advantages, which can affect competitive fairness. They argue that protecting the integrity of women’s sports requires policies that ensure only female athletes compete in women’s events.
The bipartisan letter, co-signed by Senators Tommy Tuberville (R-Ala.), Joni Ernst (R-Iowa), Cindy Hyde-Smith (R-Miss.), Cynthia Lummis (R-Wyo.), and others, underscores the need for an even playing field in sports, which they believe is essential for fair competition and the principles of Title IX.
Senator Britt has stated that she has been actively involved in defending Title IX, having previously introduced a resolution to recognize October 10 as “American Girls in Sports Day” and participated in discussions on preserving the law’s protections for female athletes. She has also co-sponsored legislation recognizing February 7 as “National Girls & Women in Sports Day.”
The Supreme Court’s review of the case could have significant implications for how states regulate participation in women’s sports and how federal policies are interpreted regarding gender identity and biological sex.
