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EXCLUSIVE: After 130 congressional Democrats affirmed their support for the inclusion of biological trans male athletes in women’s sports, the legal team helping protect women’s sports in an upcoming Supreme Court case responded.
A coalition that includes nine Democratic senators and 121 Democratic members of the House of Representatives signed an amicus brief this week, endorsing 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 handling the defense of women’s sports in those cases, Alliance Defending Freedom, provided an exclusive statement to Pak Gazette Digital from 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 will be heard by the Supreme Court in 2026. (Courtesy of Alliance Defending Freedom)
“Our laws should recognize biological reality, not deny it. Too many athletes across the country have already lost hard-earned opportunities, suffered injuries, and given up their privacy to pretend this isn’t happening. The growing consensus around this issue shows that Americans don’t want men competing against women in their own sports. Biology in sports matters and impacts the playing field as well as privacy,” Scruggs said.
Scruggs also pointed to multiple amicus curiae briefs that have supported his cause.
“That’s why many athletes filed amicus briefs detailing how men are taking advantage of women’s opportunities. One brief explained how the plaintiff in the West Virginia case beat 423 different girls 1,100 times, taking home 57 medals that rightfully belonged to women,” the lawyer added.
“Injustices like this should end. We look forward to helping West Virginia and Idaho defend their crucial laws before the U.S. Supreme Court to ensure that female athletes in those states and across the country are not marginalized.”
One such amicus brief filed in support of women’s sports advocacy for upcoming SCOTUS cases was filed by the Independent Council on Women’s Sports (ICONS), an advocacy and outreach group that has raised money for multiple lawsuits addressing the issue, including Riley Gaines’ lawsuit against the NCAA.
“Sex-separated sport is necessary for girls to develop a healthy view of their own bodies. For many girls, the lessons learned in sport are vital to overcoming obstacles and succeeding in life. However, due to male biological advantages, failure to protect the girls’ category will cause girls to abandon sport. Therefore, protecting gender separation in girls’ sports is essential for the health, happiness and success of future generations of women,” the report reads. ICONS.
In September, attorneys general from 27 states and the U.S. territory of Guam signed amicus briefs to support the legal defense to “Save Women’s Sports” in upcoming cases.
LEGAL DEFENSE TO ‘SAVE WOMEN’S SPORTS’ GIVES RIGHT TO MAKE ARGUMENTS TO SCOTUS AMID TRANS ATHLETES DISPUTE
Meanwhile, all 130 Democrats in Congress threw their support behind trans athletes even though data shows that a majority of Democratic voters oppose the inclusion of men in women’s and girls’ sports.
The Democratic list of 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 prominent 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, DV.t., Democratic Women’s Caucus Chair Rep. Teresa Leger Fernandez, 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 a 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.
“Categorical bans, like those in West Virginia and Idaho, undermine those protections and the ability of transgender students to be part of their school community,” the report writes.
Trans athletes were the plaintiffs in both cases, and now their successful verdicts will be reviewed by the Supreme Court, which could issue a sweeping ruling that sets a new precedent for who can compete in women’s sports across the country.
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In January, a New York Times/Ipsos poll found that the vast majority of Americans, including most Democrats, do not believe transgender athletes should be allowed to compete in women’s sports.
Of the 2,128 people who participated, 79% said that biological men who identify as women 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.
