Exclusive: Lawyers working to safeguard women’s sports have reacted to the backing of 130 Democratic members of Congress for the inclusion of transgender male athletes in women’s categories.
A coalition, including nine Democratic senators and 121 House members, has submitted a court brief supporting trans athletes Lindsey Hecox and Becky Pepper Jackson in two Supreme Court cases that could significantly impact the future of women’s sports.
Jonathan Scruggs, an attorney representing women’s sports in these cases, shared a statement with Fox News Digital regarding the Democratic Party’s brief.
“Our laws should reflect biological reality rather than deny it. Many female athletes across the nation are missing out on opportunities and facing injuries—all while sacrificing their privacy,” Scruggs noted. “The increasing consensus shows that Americans do not want men competing against women in their sports.” He further emphasized the importance of biology in sports for both privacy and fair competition.
Scruggs pointed out that numerous female athletes have also filed briefs documenting how men have deprived women of opportunities in sports. One brief highlights instances in West Virginia where male competitors allegedly punched 423 girls and won 57 medals that should have gone to women.
“These inequities must end, and we’re eager to support West Virginia and Idaho in defending their vital laws before the U.S. Supreme Court, ensuring female athletes nationwide aren’t sidelined,” he added.
One of the briefs advocating for women’s sports comes from ICONS, an organization seeking funding for various legal challenges, including a lawsuit filed by Riley Gaines against the NCAA.
The ICONS brief states, “Single-gender sports are crucial for girls to develop healthy body images. The lessons learned in sports are often vital to overcoming life’s challenges. Not protecting the female category due to male biological advantages could dissuade girls from participating. Thus, preserving gender in women’s sports is essential for the health and success of future generations.”
In September, attorneys general from 27 states, along with Guam, submitted an amicus brief backing legal measures to “save women’s sports” for upcoming litigations.
Meanwhile, 130 Democratic legislators voiced support for transgender athletes, notwithstanding findings suggesting that a majority of Democratic voters oppose allowing men in women’s competitions.
Notable Democratic signatories include figures like Rep. Alexandria Ocasio-Cortez (New York) and Rep. Ilhan Omar, along with House Minority Leader Hakeem Jeffries and former Speaker Nancy Pelosi. However, the list omits prominent moderates like Sen. John Fetterman (D-Pennsylvania) and Senate Minority Leader Chuck Schumer (N.Y.).
This coalition is led by Congresswoman Becca Balint (D, M.), co-chair of the Congressional Equality Caucus, alongside Rep. Teresa Leger Fernandez (D, M.), chair of the Democratic Women’s Caucus, and Sen. Maisie Hirono (D, Hawaii).
The brief encourages the Supreme Court to rule in favor of Pepper Jackson, a transgender teen from West Virginia who has successfully contested a law prohibiting biological males from joining women’s sports, and Hecox, who likewise challenged a similar Idaho law while on Boise State’s women’s cross country team.
“Strict bans, like those in West Virginia and Idaho, hinder the protections and rights of transgender students within school communities,” the brief asserts.
Transgender athletes are plaintiffs in both cases being reviewed by the Supreme Court, and their outcomes could establish a significant new precedent for who competes in women’s sports across the country.
A New York Times/Ipsos survey in January indicated that a majority of Americans, including many Democrats, oppose transgender athletes taking part in women’s sports.
From 2,128 participants, 79% stated that biological males identifying as female shouldn’t join women’s competitions. Among the 1,025 Democrats surveyed, 67% echoed that transgender athletes shouldn’t compete against women.
