MONTGOMERY — Alabama Attorney General Steve Marshall on Friday filed two multistate amicus briefs urging the U.S. Supreme Court to uphold state authority to pass laws restricting participation in girls’ sports to biological females.
The briefs, joined by 28 states, support Idaho and West Virginia, which passed laws requiring that athletes in female sports be classified by biological sex. Both laws were struck down by federal appeals courts. The Ninth Circuit ruled against Idaho’s law, while the Fourth Circuit ruled against West Virginia’s statute, finding they likely violate the Equal Protection Clause of the Fourteenth Amendment. The Fourth Circuit further held that Title IX of the Civil Rights Act requires states to allow transgender girls to compete on female sports teams.
“At the heart of these cases is a fundamental question: can states uphold laws that preserve fairness and opportunity for female athletes? The answer must be yes,” Marshall said. He argued the issue is about “preserving the integrity of female athletics” rather than exclusion, adding that Title IX was originally intended to eliminate structural disadvantages for women in sports.
Alabama passed similar legislation in 2023, applying the same standard to K-12 and college athletics. Marshall has also led efforts challenging Biden administration rules expanding Title IX protections, which he argued would permit biological males in female-only spaces.
Marshall co-led the briefs with Arkansas Attorney General Tim Griffin. Attorneys general from Alaska, Florida, Georgia, Idaho (B.P.J. case only), Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia (Hecox case only), Wyoming, and Guam also joined.
The cases will determine whether states can enforce laws defining female athletics strictly by biological sex.
