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EXCLUSIVE: After 130 Congressional Democrats affirmed their support for the inclusion of biological male transgender athletes in women’s sports, the legal team helping to protect women’s sports in an upcoming Supreme Court case has responded.
A coalition that includes nine Democratic senators and 121 Democratic members of the House of Representatives signed an amicus brief this week, supporting trans athletes Lindsay Hecox and Becky Pepper-Jackson in two SCOTUS cases that could impact the future of women’s sports next year.
The law firm defending women’s sports in these cases, Alliance Defending Freedom, provided an exclusive statement to PK Press Club Digital from attorney Jonathan Scruggs in response to the Democrats’ amicus brief.
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Mary Kate Marshall and Madison Kenyon, former Idaho State University women’s athletes, signed on in 2020 as voluntary defendants in a lawsuit in Idaho, to help protect women’s sports from trans athletes. This case will be heard by the Supreme Court in 2026. (Courtesy of the Alliance Defending Freedom)
“Our laws should recognize biological reality, not deny it. Too many female athletes across the country have already lost hard-earned opportunities, suffered injuries and given up their privacy to pretend nothing is happening. The growing consensus around this issue shows that Americans do not want men to compete with women in their own sports. Biology in sports is important and impacts the playing field as well as private lives,” Scruggs said.
Scruggs also highlighted several amicus briefs that supported their case.
“That’s why many female athletes have filed amicus briefs detailing how men take advantage of opportunities available to women. One brief explains how the plaintiff in the West Virginia case beat 423 different girls 1,100 times, winning 57 medals that rightfully belonged to women,” the attorney added.
“Such injustice should end. We look forward to helping West Virginia and Idaho defend their critical laws before the U.S. Supreme Court to ensure that female athletes in these states and across the country are not sidelined.”
One such amicus brief that was filed in support of defending women’s sports for upcoming SCOTUS cases was filed by the Independent Council on Women’s Sports (ICONS), an advocacy and awareness group that has raised money for several lawsuits on the issue, including Riley Gaines’ lawsuit against the NCAA.
“Gender-neutral sport is necessary for girls to develop a healthy view of their own bodies. For many girls, the lessons learned in sport are essential to overcoming obstacles and succeeding in life. Yet, due to male biological advantages, failure to protect the category of girls will lead girls to abandon sport. Therefore, protecting gender separation in women’s sport is fundamental to the health, happiness and success of future generations of women,” the memo reads information from ICONS.
Last September, attorneys general from 27 states and the U.S. territory of Guam signed amicus briefs to support the legal defense aimed at “saving women’s sports” in upcoming cases.
LEGAL DEFENSE TO ‘SAVE WOMEN’S SPORTS’ GAINED RIGHT TO MAKE ARGUMENTS TO SCOTUS AMID TRANS ATHLETES DISPUTE
Meanwhile, all 130 Democrats in Congress have thrown their support behind trans athletes, despite data showing that most Democratic voters oppose the inclusion of men in girls’ and women’s sports.
The list of Democratic signatories includes prominent figures from the party’s left wing, 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 moderate Sen. John Fetterman, D-Pa., or Senate Minority Leader Chuck Schumer, D-N.Y.
The coalition is led by Congressional Equality Caucus Co-Chair Rep. Becca Balint, D-V.T., Congressional Equality Caucus Chair Rep. Teresa Leger Fernández, D-N.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 law banning biological males from competing in women’s sports, and Hecox, who successfully challenged a similar law in Idaho to compete on the Boise State women’s cross country team.
“Category bans, like those in West Virginia and Idaho, undermine these protections and the ability of transgender students to be part of their school communities,” the document writes.
Trans athletes were the plaintiffs in both cases, and now their positive verdicts will be considered 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 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 Democratic-leaning, 67% said transgender athletes should not be allowed to compete with women.
