Between now and the end of June, the U.S. Supreme Court will issue decisions in two court cases that could affect whether states like Arkansas are free to preserve fairness in women’s athletic programs.
Over the past ten years, female swimmers, powerlifters, cyclists, sprinters, volleyball players, and many others have seen their sports radically changed by men who claim to be women. In some sports, it can even be dangerous.
That’s why many states have enacted good laws clarifying that biological males who identify as female cannot compete in women’s athletic programs. Unfortunately, some of those laws have been challenged in court.
In 2020, Idaho passed the Fairness in Women’s Sports Act preventing male student-athletes from competing against girls in women’s athletics at school. The following year, West Virginia passed the Save Women’s Sports Act, which is very similar to Idaho’s law. The ACLU challenged both laws, and both lawsuits have been appealed to the U.S. Supreme Court.
The case concerning Idaho’s law is Little v. Hecox. In West Virginia, the case is West Virginia v. B.P.J.
The U.S. Supreme Court heard oral arguments in both cases on January 13 of this year, and the Court could issue final decisions in the cases sometime between now and June 26.
The Supreme Court’s decision in these cases could affect laws protecting fairness in women’s sports nationwide — including Arkansas.
In 2021, Arkansas passed Act 461 by Sen. Missy Irvin (R — Mountain View) and Rep. Sonia Barker (R — Smackover) preventing male student-athletes from competing against girls in women’s athletics at school. Family Council was pleased to support Act 461 at the state legislature.
Act 461 has not been challenged in court — meaning the law is in full effect, protecting fairness in women’s sports in Arkansas.
However, the U.S. Supreme Court’s decisions in Little v. Hecox and West Virginia v. B.P.J. could affect Act 461 and laws like it across the country. That’s why Family Council joined dozens of state policy organizations and more than 200 state legislators in an amicus brief in the Idaho case last September. The amicus brief highlights the opportunities that women’s athletics offer to students, and it urges the Supreme Court to uphold the law and protect women’s sports.
Most Americans agree that athletes should compete according to their biological sex — not their gender identity. We believe the U.S. Supreme Court ultimately will uphold fairness in women’s sports in Idaho, West Virginia, and the rest of the country.
Articles appearing on this website are written with the aid of Family Council’s researchers and writers.
