ANN ARBOR, Mich.— Yesterday’s landmark United States Supreme Court’s decision authored by Justice Kavanaugh in West Virginia v. B.P.J., by her next friend, reaffirmed that states may protect female athletic competition by recognizing the biological distinctions between males and females in school sports.

At issue were state laws from West Virginia and Idaho.

In 2020, Idaho enacted the “Fairness in Women’s Sports Act.” The Idaho law states that sex is determined by biology and prohibited male students from participating on female teams. In 2021, West Virginia passed the “Save Women’s Sport Act.” Like the Idaho law, the legislature expressly found that sex is determined by biology and that prohibiting biological male participation in female sports is necessary to promote equal athletic opportunities for women and girls.

Early in his opinion, Justice Kavanaugh raises the question, “May schools determine eligibility for women’s and girls’ sports based on biological sex?” His answer was a resounding “yes.”

Justice Kavanaugh announced that “all agree, females and males have inherent physical differences relevant to athletic performance.” Among those differences are “height, weight, strength, speed, endurance, and jumping ability.” He went on, “In contact sports, forcing female athletes to compete against males can create significant safety risks” and “in virtually all competitive sports, forcing female athletes to compete against males can undermine competitive fairness.”

The decision pointed out that:

• Twenty-seven states currently prohibit biological males from competing in women’s sports.

• The NCAA, U.S. Olympic and Paralympic Committee, and the International Olympic Committee have policies in place prohibiting biological males (transgender females) from competing in women’s sports.

“Yesterday’s decision restores the original purpose of Title IX — to ensure equal athletic opportunities for women and girls,” said Richard Thompson, President of the Thomas More Law Center, a national nonprofit public interest law firm based in Ann Arbor, Michigan. The Law Center has been representing Sean and his daughter, Briley, throughout their battle over fairness in women’s sports.

The Court’s ruling serves as a powerful vindication of Sean and Briley Lechner, who alone publicly challenged the actions of Monroe Public Schools District Board of Education concerning the participation of a biological male on an opponent’s volleyball team and in the girl’s locker room where the Monroe team was undressing.

Learning of the Supreme Court’s decision, Briley commented:

“Thank you to the Supreme Court. And thank you to the people who were able to see the point of view of a female athlete and thank you to everyone who supported me and my family along the way. But the most important thank you, is to my father who continued to battle for me and every female athlete — even when nobody publicly stood with him.

“This win is a big step, but it’s just the beginning. It makes me even more determined to keep fighting for rules that give every female athlete the safety, privacy, and fair play we deserve. I hope this moment shows everyone that when we work together, our voices can really make a difference.”

Her father added:

“Today, we witnessed a huge victory for our daughter, our family, and female athletes across America!

“We are beyond blessed and grateful for the Supreme Court’s decision regarding Title IX. This is more than a legal victory…it is a major step toward restoring privacy, safety, fairness, and equal opportunities for every female athlete.

“When Briley needed adults to stand with her, we believe too many school officials failed to protect her. But while some turned their backs, courageous leaders, teammates, and supporters across this country stood up. They refused to stay silent, and because of that, hope is stronger today than it was yesterday.

“The Supreme Court’s decision is a victory. But the battle is far from over.”

Click HERE to read the U.S. Supreme Court’s entire opinion.

The Thomas More Law Center, a national nonprofit public interest law firm based in Ann Arbor Michigan, is committed to upholding American values rooted in Judeo-Christian heritage protecting free speech and religious freedom, the sanctity of life, and a free and independent United States. It does not charge for its services. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

SOURCE Thomas More Law Center