Supreme Court Appears Poised to Uphold State Laws Protecting Women’s Sports
The U.S. Supreme Court signaled support on Tuesday for laws protecting women’s sports following oral arguments in two cases involving a clash of competing views on gender and fairness in athletics.
The court’s nine justices heard arguments in two cases centered on the issue of transgender athletes in sports – specifically the question of whether males identifying as female can compete in girls’ and women’s sports. One case involves an Idaho law that prohibits biological males from participating on female teams in public schools, from elementary through college. The other case concerns a similar law in West Virginia.
Biological males who desired to compete on female teams are the plaintiffs in both cases, alleging their constitutional rights were violated.
But the court’s six-member conservative bloc appeared inclined to side with the states and uphold the laws, court observers said. The court’s three liberals are expected to oppose the laws.
Combined, the two cases represent one of the most significant Supreme Court moments to date involving LGBT issues.
Justice Brett Kavanaugh, a member of the conservative bloc who has coached girls’ teams, noted that “one of the great successes in America over the last 50 years has been the growth of women and girls' sports, and it's inspiring.” He referenced the Olympics and noted that many who have studied the issue believe “that allowing transgender women and girls to participate will undermine or reverse that amazing success and will create unfairness.”
“There's a harm there, and I think we can't sweep that aside,” Kavanaugh said.
Justice Amy Coney Barrett, another member of the conservative bloc, expressed concern that striking down the law would allow a “boy who just isn't good enough to make the male team but perhaps could make the girl team” to play on the girls’ team simply for competitive sake. Further, Barrett asserted, the law does not discriminate “on the basis of transgender status, since trans boys can play on boys’ teams” – that is, females who identify as male.
“Its effect really only runs towards trans girls and not trans boys,” she told an attorney who is seeking to overturn the law.
Chief Justice John Roberts expressed concern that creating an exception to the distinction between boys and girls – in sports – could have far-reaching consequences.
“If we adopted that, that would have to apply across the board and not simply to the area of athletics,” Roberts said.
Justice Neil Gorsuch, a conservative, asked tough questions of both sides. The court’s two other conservatives – Clarence Thomas and Samuel Alito – are widely regarded as its most conservative members and are expected to vote to uphold the laws.
In one exchange that went viral on social media, Alito asked Kathleen Hartnett, an attorney for the ACLU, “For equal protection purposes, what does it mean to be a boy or a girl or a man or a woman?”
“We'd have to have an understanding of how the state or the government was understanding that term to figure out whether or not someone was excluded,” the attorney replied. “We do not have a definition for the court.”
Decisions in the two cases are expected before the court ends its term in June.
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House Passes Bill Banning Biological Boys from Girls Sports, Saying it’s ‘Common Sense’
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Michael Foust has covered the intersection of faith and news for 20 years. His stories have appeared in Baptist Press, Christianity Today, The Christian Post, the Leaf-Chronicle, the Toronto Star and the Knoxville News-Sentinel.
Listen to Michael's Podcast! He is the host of Crosswalk Talk, a podcast where he talks with Christian movie stars, musicians, directors, and more. Hear how famous Christian figures keep their faith a priority in Hollywood and discover the best Christian movies, books, television, and other entertainment. You can find Crosswalk Talk on LifeAudio.com, or subscribe on Apple or Spotify so you never miss an interview that will be sure to encourage your faith.
Originally published January 14, 2026.
