Red States Set To Defend Women’s Sports At Supreme Court

The Supreme Court on Thursday agreed to hear two cases revolving around state laws keeping transgender-identifying males out of women’s sports. 

The court is set to consider cases out of Idaho and West Virginia, where laws banning males who identify as women from participating in women’s and girls’ sports were blocked by lower courts. The news comes just weeks after the high court ruled 6-3 in favor of a Tennessee law that banned transgender medical procedures on minors. 

At issue in the cases are West Virginia’s “Save Women’s Sports Act” and Idaho’s “Fairness in Women’s Sports Act.”

In West Virginia, a parent sued to block the 2021 law, arguing that her transgender-identifying son was being discriminated against because he was not allowed on the girls’ cross country team. In Idaho, a transgender-identifying male sued because he wouldn’t be allowed to join Boise State University’s women’s track team under the state’s law. 

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West Virginia’s law was blocked by the U.S. Court of Appeals for the 4th Circuit in April 2024, and Idaho’s law was blocked by the U.S. Court of Appeals for the 9th Circuit in August 2023. The attorneys general of both states celebrated the court’s decision to take up the case. 

“It’s a great day, as female athletes in West Virginia will have their voices heard. The people of West Virginia know that it’s unfair to let male athletes compete against women; that’s why we passed this commonsense law preserving women’s sports for women,” said West Virginia Attorney General John McCuskey. “We are confident the Supreme Court will uphold the Save Women’s Sports Act because it complies with the U.S. Constitution and complies with Title IX. And most importantly: it protects women and girls by ensuring the playing field is safe and fair.”

Idaho was the first state to pass a law intended to exclude males from competing in women’s sports in 2020.

“Idaho’s women and girls deserve an equal playing field,” added Idaho Attorney General Raúl Labrador. “I am thrilled the U.S. Supreme Court has agreed to hear our case. For too long, activists have worked to sideline women and girls in their own sports. Men and women are biologically different, and we hope the court will allow states to end this injustice and ensure men no longer create a dangerous, unfair environment for women to showcase their incredible talent and pursue the equal opportunities they deserve.”

More than two dozen states have enacted laws similar to those in Idaho and West Virginia, and courts have blocked full implementation in other states, including New Hampshire, Utah, and Montana.