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EXCLUSIVE: After 130 congressional Democrats affirmed their support for the inclusion of biological male trans athletes in women’s sports, the legal team helping to protect women’s sports in an upcoming Supreme Court case responded.
A coalition that includes nine Democrat Senators and 121 Democrat House members signed an amicus brief this week, backing trans athletes Lindsay Hecox and Becky Pepper-Jackson in two SCOTUS cases that could impact the future of women’s sports next year.
The legal firm taking up the defense of women’s sports in those cases, Alliance Defending Freedom, provided an exclusive statement to Fox News Digital by 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 in 2020 signed on 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 female athletes across the country have already lost out on 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 males 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 briefs that have gone in support of their cause.
“That is why many female athletes filed amicus briefs detailing how males are taking women’s opportunities. One brief explained how the plaintiff in the West Virginia case beat 423 different girls 1100 times, taking 57 medals that rightly belonged to women,” the lawyer added.
“Injustice like this should stop. We are looking forward to helping West Virginia and Idaho defend their crucial laws at the US Supreme Court to ensure that female athletes in those states and across the country are not sidelined.”
One such amicus brief that has been filed in support of the defense of women’s sports for the upcoming SCOTUS cases was filed by the Independent Council on Women’s Sports (ICONS) an advocacy and outreach groups 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, lessons learned in sport are vital to overcoming obstacles and succeeding in life. Yet, due to male biological advantages, failing to protect the girls’ category will cause girls to leave sport. Therefore, protecting sex separation in girls’ sports is foundational to the health, happiness, and success of future generations of women,” the ICONS brief reads.
Back in September, attorneys general from 27 states and the U.S. Territory of Guam signed onto amicus briefs to support the legal defense to “Save Women’s Sports” in the upcoming cases.
LEGAL DEFENSE TO ‘SAVE WOMEN’S SPORTS’ GRANTED RIGHT TO MAKE ARGUMENT TO SCOTUS AMID TRANS ATHLETE DISPUTE
Meanwhile, the 130 congressional Democrats threw their support behind trans athletes despite data showing most Democrat voters opposing the inclusion of males in women’s and girls’ sports.
The Democrat list of signees features prominent figures on 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 noted 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., Democratic Women’s 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 teen from West Virginia who successfully challenged the state’s law that prohibits biological males from competing in girls’ sports, and Hecox, who successfully challenged a similar law in Idaho to compete on Boise State’s women’s cross-country team.
“Categorical bans—such as the bans in West Virginia and Idaho—undermine those protections and the ability of transgender students to be part of their school community,” the brief writes.
The trans athletes were the plaintiffs in both cases, and now their successful verdicts will be reviewed by the Supreme Court, which could cast a sweeping ruling that sets a new precedent for who is allowed to compete in women’s sports nationwide.
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In January, a New York Times/Ipsos survey found the vast majority of Americans, including a majority of Democrats, don’t think transgender athletes should be permitted to compete in women’s sports.
Of the 2,128 people who participated, 79% said biological males who identify as women should not be allowed to participate in women’s sports. Of the 1,025 people who identified as Democrats or leaning Democrat, 67% said transgender athletes should not be allowed to compete with women.
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