With the Supreme Court weighing whether states can protect girls’ sports, Alabama is in the fight in a big way.
The justices heard oral arguments Tuesday in the landmark cases, Little v. Hecox and West Virginia v. B.P.J., that could settle the issue on whether states like Alabama can continue to ban biological males from competing in female sports.
Alabama Attorney General Steve Marshall led a coalition of states in filing amicus briefs in support of Idaho and West Virginia in those cases.
“Today we defend the state’s ability to preserve and protect the integrity of female athletics,” Marshall said.
Marshall, who is also a candidate for the U.S. Senate, also made the argument in an op-ed for the Washington Post this week.
“That it is impossible to assign sports teams or bathrooms based on such nebulous conceptions is perhaps the point,” Marshall wrote.
“Under this view, there is no such thing as male or female, only the psychology of feeling male or female — or both or neither or a fluctuation of some of each. That may make for an interesting college course, but it has nothing to do with the Constitution. The Supreme Court should finally say so.”
Katherine Robertson, chief counsel for the Alabama Attorney General’s Office, argued Tuesday that Alabama is “proud” to have led the fight on protecting female athletes.
“Alabama was very proud to lead the multi-state amicus brief in this case, because Alabamians have a great deal of common sense, just like the states behind me. And in some ways, I just want to say, ‘We told you so!’”
Robertson, who is also a candidate to be Alabama’s next attorney general, spoke at a press conference for the Republican Attorneys General Association (RAGA) on Tuesday.
“I know when Alabama debated our law, and many laws on this topic, and we were told that it was a solution, in need, of a problem,” she said.
“But you may remember that this all started at the tail end of the Obama administration, when we were told that sharing private spaces between boys and girls was more about fairness and had nothing to do with public safety.”
U.S. Sen. Tommy Tuberville (R-Auburn) has also been a vocal advocate for women in sports. Tuesday, he gave a speech outside the U.S. Supreme Court building before oral arguments began.
“I cannot believe there’s women standing over there. I can’t believe it. Title IX has given people an opportunity. Folks, let me tell you something,” Tuberville exclaimed. “If we don’t make a stand now — as Senator Justice said while ago — if we don’t say it now, this country will go down so fast our heads will swim.”
Tuberville’s remarks come nearly one year after every Democrat Senator blocked his Protection of Women and Girls in Sports Act in the Senate.
A former high school girls’ basketball coach, Tuberville has been a leader in preserving Title IX for female athletes since coming to the Senate five years ago.
“Thank you for being here today. Thank you for fighting,” he continued. “We have to give the women a chance. I’ve got my first grandchild, Rosie Grace. I’ll be damned if she is gonna take a shower with a man.”
Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” weekdays 9-11 a.m. on WVNN. You can follow him on X @Yaffee

