U.S. Supreme Court sides with Alabama: States can keep boys out of girls’ sports

(Kyle Pham/Unsplash, YHN)

The Supreme Court girls sports ruling handed down Tuesday delivered a major victory to Alabama, affirming that states can keep boys out of girls’ athletics by limiting female teams to biological females.

The 6-3 decision, written by Justice Brett Kavanaugh, upheld laws in West Virginia and Idaho in the cases West Virginia v. B.P.J. and Little v. Hecox. The Court held that neither Title IX nor the Equal Protection Clause bars states from setting eligibility for women’s and girls’ sports based on biological sex.

The ruling reverses two lower court decisions and validates similar laws in 29 states, including the law Alabama enacted in 2023.

Alabama Attorney General Steve Marshall, who co-led a 27-state brief supporting West Virginia and Idaho, celebrated the outcome.

“Common sense won again. Alabama stood strong for our female athletes, and the Supreme Court agreed. This is about fairness. Our daughters worked too hard, sacrificed too much, and dreamed too big to be pushed aside. The science is clear and Alabama will not apologize for protecting the opportunities our girls have earned. Alabama led the way, and today, that leadership paid off,” Marshall said.

Alabama House Speaker Nathaniel Ledbetter (R-Rainsville) tied the decision to states’ rights.

“This is a major win for fairness in women’s athletics, state rights, and plain common sense,” Ledbetter wrote on X. “When the left decided to make this a banner issue for their party, I’m proud Alabama stepped up and said, ‘Not in our state.’”

 

U.S. Senator Katie Britt (R-Montgomery) echoed the sentiment.

“Common sense has prevailed!” Britt wrote on X. “I am thrilled to see this ruling come out of the Supreme Court and will continue fighting to protect girls and women.”

U.S. Representative Robert Aderholt (R-Haleyville) pointed to the original purpose of the federal law at the center of the cases.

“The Supreme Court upholds that biological men have no place in women’s sports,” Aderholt wrote on X. “The original intent of Title IX was to provide women and girls with fair opportunities in sports and education. This ruling is a win for commonsense and fairness, protecting female athletes for future generations.”

Katherine Robertson, the GOP nominee to become Alabama’s next Attorney General, welcomed the win while questioning why it took a Supreme Court ruling to settle the matter. As AG Marshall’s chief counsel, Robertson was closely involved in the case althroughout.

“Alabama was proud to lead the red states’ brief in this important case,” Robertson wrote on X. “In this climate, I’ll take a win, but I don’t want to pretend to believe that it’s a big win to give the states authority to keep boys out of girls sports. It’s just so basic.”

U.S. Senator Tommy Tuberville (R-Auburn) kept his reaction brief, singling out Justice Clarence Thomas, who wrote a concurring opinion stating that a man has no legal right to compete against women simply because he believes he is a woman.

“God bless Justice Clarence Thomas,” Tuberville wrote on X.

Alabama passed its law protecting girls’ and women’s sports in 2023, applying it to all public schools, including colleges and universities.

Sawyer Knowles is a state and political reporter for Yellowhammer News. You may contact him at [email protected].