FOR IMMEDIATE RELEASE
BIRMINGHAM, ALABAMA —
U.S. Supreme Court Upholds Laws Protecting Women’s and Girls’ Sports
Today, the Supreme Court of the United States issued a landmark ruling upholding Idaho’s Fairness in Women’s Sports Act and West Virginia’s Save Women’s Sports Act, affirming that states may protect female athletic opportunities by ensuring that eligibility for women’s and girls’ sports is based on sex consistent with Title IX. The laws are also consistent with the Court’s Equal Protection jurisprudence.
Alabama Policy Institute signed onto an amicus brief on the case, joined by 206 female legislators and 38 Family Policy Councils from across the country the group urged the Court to preserve fairness, safety, and opportunity for women and girls by upholding state authority to maintain sex‑based athletic categories.
The Court’s ruling confirms what API has long argued: embodied biology, not gender identity, determines competitive athletic advantage, and states have both the right and responsibility to protect equal opportunity for female athletes.
For years, female athletes across the nation faced unfair competition when males identifying as females were permitted to compete in women’s sports. Idaho enacted its law to restore fairness, but the ACLU sued, and the Ninth Circuit struck the law down. Today’s Supreme Court decision reverses that ruling and restores clarity and consistency to Title IX’s original purpose based on biological sex.
Alabama established athletic protections based on biological sex at birth in two major legislative actions, both spearheaded by Republican lawmakers in the Alabama House of Representatives. The first wave of protections occurred on April 23, 2021, when Governor Kay Ivey signed House Bill 391 to prohibit public K-12 schools from allowing biological males to participate on athletic teams designated for girls. The primary sponsor of this legislation was Representative Scott Stadthagen of Hartselle, who moved the bill forward with the backing of 32 Republican co-sponsors.
Governor Ivey expanded those provisions to higher education on May 30, 2023, by signing House Bill 261, which extended the same biological sex participation restrictions to intercollegiate and intramural sports at all public two-year and four-year colleges. This collegiate expansion was championed in the lower chamber by Representative Susan DuBose of Hoover, while Senator April Weaver of Brierfield carried the companion bill through the Senate to secure its final passage.
Legislators in Alabama and across the country who authored, sponsored, and championed these laws celebrate today’s decision as a decisive affirmation that women’s sports matter and that female athletes deserve a level playing field. They also recognize that girls’ athletic opportunities are formative experiences that build leadership, character, and confidence, opportunities that must not be erased.
Representative Scott Stadthagen celebrated the ruling:
”Today’s Supreme Court ruling is a historic victory for common sense, fairness, and the integrity of women’s sports across America. When I carried House Bill 391 in 2021, my goal was simple: ensure that Alabama’s girls have a level playing field where their hard work, dedication, and biological realities are respected. The High Court has now reaffirmed what we in Alabama have known all along is the right thing to do. This decision secures a fair future for female athletes not just in Alabama, but nationwide.”
Senator April Weaver praised the victory:
”This ruling is a definitive triumph for the rule of law and the protection of female athletes at every level of competition. Our work in Alabama to pass collegiate sports protections was centered on fundamental fairness and safeguarding the biological boundaries of competition. The Supreme Court’s decision aligns the law with reality, ensuring that the achievements, scholarships, and titles of female athletes remain secure. Alabama led on this issue, and today the highest court in the land validated that leadership.”
Representative Susan DuBose stated her enthusiasm for the decision:
“Today’s Supreme Court decision is a victory for common sense, for Title IX, and for our girls. Alabama didn’t wait for Washington. We acted early because protecting girls’ sports was the right thing to do,” said Rep. Susan DuBose. “Today’s decision confirms we were right and gives those protections real teeth. In Alabama, we protect Title IX, we protect women, and we protect the integrity of girls’ sports.”
Stephanie Smith, President/CEO of the Alabama Policy Institute emphasized the national significance:
“For more than fifty years, our nation has recognized the importance of women’s and girls’ sports and celebrated the achievements of female athletes. Today, the Supreme Court reaffirmed that truth and ensures that states can protect girls’ opportunities for generations to come. By asserting that states have the lawful authority to establish eligibility based on biological sex, the Court has preserved a fair and competitive landscape for female athletes. This decision reinforces the constitutional right of states to enact common-sense legislation that protects the integrity of women’s sports, validating years of principled policy work here in Alabama.”
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