Super Bowl-winning coach Barry Switzer, along with 31 Olympians, has backed a legal brief aimed at “saving women’s sports.” This comes as two important Supreme Court cases concerning trans athletes are on the horizon. The brief includes signatures from 12 Olympic medalists, eight of whom are gold medalists.
Among the notable signatories are Swiss tennis star Martina Navratilova, Olympic champion Kelly Walsh-Jennings, and other prominent athletes like Summer Sanders and Nancy Hogshead. Also included are athletes who have competed against biological male trans athletes, such as fencer Stephanie Turner and former NCAA volleyball player Macy Petty.
The brief has a total of 124 signatures, which includes family members of those who signed. It contends that the laws in Idaho and West Virginia that aim to protect women’s sports from trans athletes are essential for guarding against psychological and physical harm to women and girls.
The brief states, “By upholding the laws of West Virginia and Idaho, the court can confirm that women should not lose equal opportunities to compete. It is crucial that women and girls are supported to ensure that equal treatment remains a legal standard in the U.S.”
It also emphasizes the emotional toll women face when forced to compete against men, noting that the feelings of humiliation and frustration can linger long after the events have passed. The consequences, both psychological and physical, can be lasting.
Simultaneously, 130 Democratic members of Congress have signed amicus briefs in support of trans athlete plaintiffs in two lawsuits, led by influential figures like Rep. Becca Balint and Rep. Teresa Leger Fernandez. Interestingly, the list includes both well-known representatives from the party’s left, such as Rep. Alexandria Ocasio-Cortez, and does not feature some prominent moderates.
What you need to know about the two cases
The Little v. Hecox and West Virginia v. BPJ cases initially allowed biological males to bypass state laws and compete with women. Now, the Supreme Court’s decision could set a significant precedent for the future of trans athletes in women’s sports. Oral arguments are scheduled for January 13th in Washington, D.C.
The lawsuit Little v. Hecox was initiated in 2020 by trans athlete Lindsey Hecox, who sought to join Boise State’s women’s cross country team but faced restrictions due to a state law. The case gained traction when a federal judge blocked Idaho’s law, and a subsequent appeal was upheld by the 9th Circuit Court, before the Supreme Court agreed to take on the case. Hecox recently requested to withdraw from the lawsuit, stating a decision to withdraw from women’s sports entirely.
On the other hand, the West Virginia v. BPJ case involves trans athlete Becky Pepper Jackson, who was granted a preliminary injunction to join her school’s teams. The Fourth Circuit ruled that the law infringed upon Title IX and the Equal Protection Clause, but the Supreme Court will hear the state’s appeal.
In her argument, Heather Jackson, the athlete’s mother, claims that the state’s prohibition violates Title IX, though Title IX doesn’t specifically address the rights of biologically male transgender individuals identifying as women. The law has been interpreted by previous administrations in a way that does not protect this right.
