It’s over. This morning the Supreme Court ruled 6-3 that states can keep biological males out of girls’ and women’s sports. Justice Brett Kavanaugh wrote the majority opinion.
It is the first time the highest court in the country has ruled on the question. The answer was not close.
The decision settles two cases, Little v. Hecox out of Idaho and West Virginia v. B.P.J. Both states passed laws setting athletic eligibility by biological sex. Lower courts threw those laws out, claiming they discriminated against girls under Title IX. The Court reversed them and put the laws back.
“The Constitution and Title IX do not require an overhaul of women’s and girls’ sports throughout America,” Kavanaugh wrote.
The reasoning is simple. Title IX has always allowed separate teams for girls. A state that keeps girls’ teams for girls is following that law, not breaking it.
For years, the mothers and athletes who said this out loud were called bigots. They watched girls lose races, podium spots, and scholarships to bigger, faster, biologically male competitors, and they were told to stay quiet. Today the Court told them they were right all along.
The ruling locks in the Idaho and West Virginia laws plus similar bans in more than two dozen states.
California and New York still force girls to compete against males. That fight is not quite finished.
But the legal question is now closed: protecting girls’ sports is constitutional, and no court can say otherwise.
Share this with every parent of a daughter you know.
If you want the tools to protect your own kids at school, start with our free Gender Toolkit, written with child psychiatrist Kristopher Kaliebe to help parents make evidence-based decisions and push back on school gender policy.
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Yay!!! Does the ruling say anything about a 'quasi-protected class' or anything similar?
Please explain how California and New York are still able to include boys in girls' sports.