Members of Congress back Supreme Court cases defending women’s sports 

Members of Congress are asking the U.S. Supreme Court to protect women’s sports in two upcoming cases. 

Rep. Riley M. Moore, R-W.Va., and Sen. Jim Risch, R-Idaho, filed an amicus brief Sept. 19 with 48 congressional signatures, supporting West Virginia’s and Idaho’s laws that keep men out of women’s sports. 

“Life isn’t fair, but sports should be,” Risch said in a statement. “Idaho passed a strong law to uphold Title IX’s intended purpose and prevent biological men from competing in women’s sports. This amicus brief demonstrates that any attempt by the courts to rewrite Title IX protections throws away decades of progress made by women and jeopardizes their right to fair, equal athletics.” 

In March 2020, Idaho Gov. Brad Little signed the Fairness in Women’s Sports Act into law. Idaho was the first state in the nation to pass a law protecting women and banning biological males from competing in female sports, according to Alliance Defending Freedom, which is representing Little. 

“Idaho has set a common-sense standard – one that should now be met across the country,” Idaho Congressman Mike Simpson, who signed the brief, said. 

That same year, the American Civil Liberties Union filed a lawsuit against Little, arguing for the right of a biological male who identifies as a transgender woman to compete in women’s sports. 

In a similar case, West Virginia passed the Save Women’s Sports Bill in 2021. Shortly afterward, a 13-year-old biological male challenged the law, arguing that Title IX’s Equal Protection provision permits him to participate in women’s track and cross-country, identifying as a transgender girl. 

ADF is representing both cases before the Supreme Court this term. 

“For too long, activists have worked to sideline women and girls in their own sports,” Idaho Attorney General Raúl Labrador said in a statement. “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.” 

Members of Congress who signed the brief said they defend Idaho and West Virginia and oppose the broad application of Title IX to include transgender ideology. 

“Title IX says what it means and means what it says: it prohibits discrimination on the basis of sex – not on the basis of gender identity,” the brief concludes. 

Signatories argue in the brief that Title IX’s protections depend on the traditional meaning of “sex.” 

“Title IX was enacted with the clear and limited purpose of prohibiting discrimination ‘on the basis of sex’ to ensure equal educational opportunities for women and girls,” the brief reads. “Recasting that statutory term to include gender identity – an idea never contemplated by the members of Congress then enacting Title IX – would not only stretch the statute beyond its original meaning but would also reshape education policy nationwide.” 

The members of Congress oppose an “unrestrained reading” for modern “interpretation,” saying such a method is “legislation by another name” and “violates the separation of powers.” 

“If courts redefine that term judicially, the carefully crafted safeguards of Title IX will be eroded, and the statute’s core purpose – to prevent sex-based discrimination – will be turned on its head,” the brief reads. 

One of the signatories, Ohio Congressman Michael Rulli, said he will fight to defend every young woman’s “fair shot at her dreams.” 

“Title IX was a promise of fairness in athletics and education for women and girls, opening doors for generations of female athletes,” said Rulli, a Republican. “Today, that progress is under attack by radical policies forcing women to compete against biological men. It’s unfair, unsafe, and dismantles the foundation of women’s sports.” 

Moore called West Virginia’s law keeping men out of women’s sports “common sense.” 

“We have a duty to protect our children and ensure that no more girls are injured by transgender athletes pretending to be women,” he said in a statement. 

Risch agreed, saying American women “deserve an even playing field.” 

“Our daughters and granddaughters deserve better,” Risch said in a post on X.