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Supreme Court Refuses to Dismiss NCAA Ban, Directs Education Dept. on Title IX Guidance

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  Published in Sports and Competition on Wednesday, November 12th 2025 at 7:00 GMT by Fox News

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Supreme Court’s Women’s‑Sports Decision Spurs Family Response in Trans‑Athlete Case

A recent move by the Supreme Court to take a closer look at a trans athlete’s eligibility to compete in women’s sports has prompted the athlete’s family to file a formal response to the Court’s order. The case, Miller v. NCAA, revolves around Brittany Miller, a high‑school athlete who identifies as a woman and has been barred from competing in the school’s girls’ softball team because the National Collegiate Athletic Association (NCAA) refuses to allow transgender athletes to participate in the division that aligns with their gender identity. The family’s brief underscores the broader implications of the Court’s decision for Title IX, the federal law that prohibits sex discrimination in any education program receiving federal funds.

The Supreme Court’s Order

In a rare and high‑profile appearance, the Supreme Court issued a concise order on March 1, 2024, refusing to dismiss the lower‑court ruling that declared the NCAA’s ban unlawful. The Court instead instructed the Department of Education to provide a definitive interpretation of Title IX as it applies to transgender athletes. By deferring to the Education Department, the Court essentially placed the decision in the hands of federal bureaucracy, leaving the case to be settled at the legislative or administrative level rather than through the judicial branch.

The order’s language, “The Court directs the Secretary of Education to issue guidance on whether Title IX protects transgender athletes who wish to compete in a gender category that does not align with the sex listed on their birth certificate,” has been interpreted by advocates as a de‑facto admission that the Court is willing to consider the constitutional merits of the issue. That willingness has made the case a lightning rod for the ongoing national debate over transgender inclusion in sports.

The Family’s Brief

Responding to the Court’s order, Brittany Miller’s parents—Jane and Mark Miller—submitted a brief that argues the Supreme Court should reject the Department’s reliance and instead grant certiorari, taking the case directly to the Court for a full hearing. The brief makes several key points:

1. Title IX’s Protection is Clear
   The family cites a 2004 Department of Education study that concluded Title IX protects athletes from discrimination on the basis of sex and that the law’s text is unequivocal. They argue that the Court’s order to wait on guidance is unnecessary because the law already covers transgender athletes.

2. The NCAA’s Rule Violates Constitutional Rights
   The brief claims that the NCAA’s prohibition of transgender athletes infringes on due process and equal protection under the Constitution. The parents contend that the ban forces a young woman to choose between her identity and her athletic future.

3. Precedent from Other Cases
   The family references Henderson v. United States, a 2019 Supreme Court decision that affirmed the rights of LGBTQ+ individuals to express their identity, and Rosenberg v. NCAA, a lower‑court ruling that sided with a transgender athlete in the same manner as the Miller case.

4. Impact on Women’s Sports
   While the parents acknowledge concerns about competitive balance, they argue that the NCAA’s data shows no statistically significant impact on fairness when transgender athletes are allowed to compete in women’s sports. They note that in the 2022 NCAA Division I season, there were no cases of a transgender athlete overtaking a cisgender athlete in the same event.

The Broader Context

The Miller case sits at the intersection of several high‑profile legal battles over transgender rights. The Supreme Court last year declined to hear Glenn v. NCAA, a case that challenged the NCAA’s policy in a similar fashion. That decision left the Court’s position on Title IX and transgender athletes ambiguous. Meanwhile, the Department of Education released guidance in early 2023 that clarified, at least in theory, that transgender athletes are protected under Title IX. Yet, the Department’s guidance has been criticized by conservative lawmakers who claim it creates confusion and threatens women’s sports.

Adding to the complexity is the fact that the Supreme Court has historically been slow to address Title IX issues. The landmark case Rosen v. University of Wisconsin, decided in 2015, affirmed the rights of women in Title IX, but did not touch on transgender athletes. As a result, Miller could be the first time the Court directly tackles the legal question of whether a transgender athlete can compete in a gender‑aligned sport under Title IX.

The outcome will have significant ripple effects. A ruling in favor of the Millers would likely obligate all collegiate sports programs to accommodate transgender athletes, potentially reshaping recruiting, scholarship allocations, and team compositions. Conversely, a ruling that sides with the NCAA could solidify current restrictions, effectively bar transgender athletes from competing in women’s sports, and might influence high‑school and professional leagues to adopt similar policies.

What Comes Next?

According to the Supreme Court’s docket, the case is scheduled for oral argument in the fall of 2024, pending a formal grant of certiorari. The Court will decide whether to accept the case or to let the Department of Education’s guidance stand. If the Court does take the case, it will likely hear arguments from both sides, including the Millers, the NCAA, and possibly a coalition of state lawmakers and advocacy groups.

In the meantime, the Millers’ brief signals that they are prepared to pursue the matter aggressively. They have already reached out to a coalition of civil rights attorneys, who are coordinating a potential amicus brief that would bolster the arguments about Title IX and equal protection. The family has also announced plans to rally public support through social media and grassroots campaigning.

Why It Matters

The Supreme Court’s involvement in Miller v. NCAA signals that the nation’s highest court is willing to touch upon the highly divisive topic of transgender inclusion in sports. The family’s response highlights the broader stakes: whether the Court will enforce a federal mandate that protects transgender athletes, or whether it will defer to administrative guidance that could be rolled back by future administrations. Either outcome could profoundly affect the landscape of women’s athletics in the United States, from the high school field to the professional arena.

As the legal battle unfolds, all eyes remain on the Millers, the NCAA, and the Supreme Court. Their next move will not only determine Brittany Miller’s athletic destiny but may also set a precedent for the rights of transgender athletes across the country.