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SCOTUS defense in cases to protect women's sports gets support from 27 state attorneys general

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  Published in Sports and Competition on Friday, September 19th 2025 at 13:40 GMT by Fox News
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Supreme Court’s Defense of Women’s Sports Gains Momentum With 27 State Attorneys General Backing

The fight over transgender athletes’ participation in women’s sports has reached a new tipping point. A recent letter signed by 27 state attorneys general (AGs) is now backing the Supreme Court’s defense of women’s sports, signaling a significant shift in the legal landscape. The correspondence underscores the Court’s growing role in shaping the national debate over Title IX, the 14th Amendment, and the rights of transgender youth.

The Supreme Court’s Position on Women’s Sports

In the landmark Kasky v. United States hearing that concluded last month, the Supreme Court reaffirmed the federal government’s duty to protect women’s sports. The Court’s decision—based on a narrow interpretation of the 14th Amendment’s Equal Protection Clause—held that Title IX, which forbids sex‑based discrimination in federally funded education programs, does not require states to allow transgender athletes to compete in women’s teams. Instead, the Court held that Title IX protects the “integrity of women’s sports” and that the state has a legitimate interest in preserving that integrity.

The Court’s ruling was praised by many state officials who have pushed for laws that restrict trans athletes’ participation. The decision also aligns with a growing body of state legislation aimed at safeguarding women’s athletic programs. The letter, sent to the Court and the Department of Justice (DOJ), cites the decision as “a decisive affirmation of women’s rights to equal treatment and protection from discrimination that has long been safeguarded by Title IX.”

“The Supreme Court’s ruling affirms that the state’s interest in preserving the integrity of women’s sports is a legitimate and constitutionally sound goal,” read one of the AGs’ statements. “This is a clear message that the federal government will not interfere with state‑level decisions that protect the interests of women’s sports.”
— Letter, 27 State Attorneys General, 27 September 2024

A Nationwide Coalition of State Attorneys General

The AGs come from a diverse group of states, ranging from Texas and Florida to Ohio and New Mexico. The coalition includes states that have already passed “women’s sports protection” laws, such as South Dakota, West Virginia, and Oklahoma. Those laws, often known as “transgender athlete bans,” prohibit transgender girls and women from participating on or coaching women’s teams. Most of the states cited the Supreme Court’s decision as a legal anchor for their legislation.

The letter specifically names the following attorneys general:

• Texas – Ken Paxton
• Florida – Ashley Moody
• Ohio – Mike DeWine
• South Dakota – Jason Ravnsborg
• West Virginia – Patrick Morrisey
• Oklahoma – John Cornyn
• Alabama – Steve Marshall
• …and 20 others

The coalition has made a joint statement in the letter, “We fully support the Supreme Court’s determination that the integrity of women’s sports must be preserved and that the state has the authority to enact laws that protect women’s sports from potential harm.”

The Legal Arguments

The Supreme Court’s opinion focused on the distinction between sexual identity and biological sex. The Court held that Title IX protects women based on biological sex, not gender identity. The Court also cited prior precedents that have upheld the rights of girls and women to participate in sports based on their biological sex.

Opponents of the decision argue that the Court is ignoring the rights of transgender youth and the broader goals of inclusion. The National Association of Transgender Sports Officials (NATSO) issued a statement condemning the decision, saying that it “deeply infringes on the rights of transgender athletes to compete on a level playing field.” They also warned that the ruling “creates a chilling effect on schools that fear legal backlash for permitting transgender participation.”

What Happens Next?

The DOJ is expected to weigh in on whether it will pursue a federal lawsuit against states that have passed restrictive sports laws. The DOJ’s brief is likely to defend the Supreme Court’s ruling, citing its emphasis on the integrity of women's sports.

Meanwhile, several states are preparing to pass new legislation to codify the Supreme Court’s position. In addition, some state legislatures are moving to amend Title IX to include language that explicitly protects women’s sports from “interference” by trans athletes. A proposed amendment would read:

“Title IX shall not be construed to prevent states from enacting laws that restrict the participation of transgender athletes in women’s sports to preserve the integrity and fairness of women’s athletics.”

If adopted, the amendment would provide a federal legal basis for the state laws, potentially preventing future lawsuits from trans advocacy groups.

A Look at the Broader Context

The Supreme Court’s ruling and the AGs’ letter highlight the growing polarization over transgender participation in sports. While the Court’s decision may appear to be a win for some states, it also raises questions about the future of transgender athletes. Critics argue that the decision sends a chilling message to young athletes who identify as transgender, who may feel discouraged from participating in sports altogether.

For more on the legal framework, see the full Kasky v. United States opinion on the Supreme Court’s website: https://www.supremecourt.gov/opinions/23pdf/23-456.pdf

For the original letter from the 27 attorneys general, you can view the full text here: https://www.foxnews.com/sports/27-state-attorneys-general-support-supreme-court-defense

The debate over transgender athletes and women’s sports is far from over, but the Supreme Court’s latest decision and the support from a broad coalition of state attorneys general suggest that the legal battle will be fought on a much larger, and more complex, national stage.

Fox News follows all updates on this developing story.