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EXCLUSIVE: After 130 congressional Democrats reaffirmed their support for the inclusion of biological male trans athletes in women’s sports, the legal team helping protect women’s sports responded in an upcoming Supreme Court case.
A coalition that includes nine Democratic senators and 121 members of the Democratic House signed an amicus brief this week supporting trans athletes Lindsay Hecox and Becky Pepper-Jackson in two SCOTUS cases that could affect the future of women’s sports next year.
The law firm handling the defense of women’s sports in these cases, Alliance Defending Freedom, provided an exclusive statement to Pakinomist Digital by attorney Jonathan Scruggs in response to the Democrats’ amicus brief.
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Former Idaho State University women’s athletes Mary Kate Marshall and Madison Kenyon signed on in 2020 as voluntary defendants in an Idaho lawsuit to help protect women’s sports from trans athletes. That case must be heard by the Supreme Court in 2026. (Courtesy of Alliance Defending Freedom)
“Our laws should recognize the biological reality, not deny it. Too many female athletes across the country have already lost hard-earned opportunities, suffered injuries and given up their private lives to pretend this isn’t happening. The growing consensus on this issue shows that Americans don’t want men competing against women in their own sport. Biology matters to the sport as much as private life,” Scrugg said.
Scruggs also pointed to several amicus briefs that have gone in support of their case.
“That’s why many female athletes filed amicus briefs detailing how men take away women’s opportunities. One brief explained how the plaintiff in the West Virginia case beat 423 different girls 1,100 times and took 57 medals that rightfully belonged to women,” the lawyer added.
“Injustice like this must stop. We look forward to helping West Virginia and Idaho defend their landmark laws at the U.S. Supreme Court to ensure that female athletes in these states and across the country are not sidelined.”
One such amicus brief filed in support of the defense of women’s sports for the upcoming SCOTUS cases was filed by the Independent Council on Women’s Sports (ICONS), an advocacy and outreach group that has raised money for several lawsuits addressing the issue, including Riley Gaines’ lawsuit against the NCAA.
“Gender-segregated sports are necessary for girls to develop a healthy view of their own bodies. For many girls, experiences from sports are essential to overcoming obstacles and succeeding in life. Yet, due to men’s biological advantages, failure to protect the girl category will cause girls to leave sports. Therefore, protection of gender segregation in girls, success, happiness for girls, health and future. women,” the ICONS briefing says.
Back in September, the attorneys general of 27 states and the US territory of Guam signed amicus briefs to support the legal defense against “Save Women’s Sports” in the upcoming cases.
LEGAL DEFENSE TO ‘SAVE WOMEN’S SPORTS’ GIVES RIGHT TO ARGUMENT TO SCOTUS MIDDLE TRANS ATHLETE
Meanwhile, the 130 congressional Democrats threw their support behind trans athletes despite data showing that most Democratic voters oppose the inclusion of men in women’s and girls’ sports.
The Democrats’ list of signatories includes prominent figures on the party’s left, including Reps. Alexandria Ocasio-Cortez, D-N.Y., and Ilhan Omar, D-Minn. The list also includes House Minority Leader Hakeem Jeffries and Rep. Nancy Pelosi. The list does not include noted moderate Sen. John Fetterman, D-Pa., or Senate Minority Leader Chuck Schumer, DN.Y.
The coalition is led by Congressional Equality Caucus Co-Chair Rep. Becca Balint, DV.t., Democratic Women’s Caucus Chaucus Rep. Teresa Leger Fernández, DN.M., and Sen. Mazie Hirono, D-Hawaii.
That brief urged the Supreme Court to side with Pepper-Jackson, a trans teenager from West Virginia who successfully challenged the state’s law barring biological males from competing in girls’ sports, and Hecox, who successfully challenged a similar law in Idaho to compete on Boise State’s women’s cross country team.
“Categorical bans — such as the bans in West Virginia and Idaho — undermine these protections and the ability of transgender students to be part of their school community,” the brief states.
The trans athletes were the plaintiffs in both cases, and now their successful judgments will be reviewed by the Supreme Court, which could issue a sweeping ruling that sets a new precedent for who is allowed to compete in women’s sports nationally.
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In January, a New York Times/Ipsos survey found that the vast majority of Americans, including a majority of Democrats, do not believe that transgender athletes should be allowed to compete in women’s sports.
Of the 2,128 people who participated, 79% said biological males who identify as female should not be allowed to participate in women’s sports. Of the 1,025 people who identified as Democrats or leaning Democrats, 67% said transgender athletes should not be allowed to compete with women.
