The Supreme Court Allows States to Reserve Womens’ Teams to Biological Females

The U.S. Supreme Court has upheld the laws of two states reserving female teams for biological females, finding such laws do not violate either the Equal Protection Clause or Title IX of the civil rights law.  The Court reasons that the policy is not a transgender classification, but instead is the same biological rule applied to everyone.  That is, a male who identifies as a male and a male who identifies as a female are treated the same, as both may compete on male or co-ed teams, and neither may take a spot on a girls’ team.  The Court reasons that these laws pass Constitutional scrutiny.  The statute forbids sex discrimination, and women’s sports themselves would otherwise be unlawful, a result Congress never intended.  Little v. Hecox, No. 24-38 (U.S., 6/30/26) and West Virginia v. B.P.J., No. 24-43 (U.S., 6/30/26).

This article is part of our September 2026 Newsletter. 

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