SCOTUS issued several rulings today. One of which involved Title IX and transgenders in women’s sports. That decision, involving two cases, West Virginia v BPJ and Idaho v Hecox, showed that common sense and reality prevailed.

The Supreme Court on Tuesday upheld Idaho’s and West Virginia’s bans on transgender athletes playing on girls’ and women’s sports teams, the latest in a string of legal setbacks for the LGBTQ+ community before the high court.

In a decision led by the court’s six conservatives — but joined in parts by its three liberals — the justices found that states can separate teams based on “biological sex” without offending the Constitution’s guarantee of equal protection or Title IX, a landmark 1972 antidiscrimination law involving education.

“Separate sports teams for biological males and biological females are reasonable: Given the inherent physical differences between the sexes, allowing only biological females to play on women’s and girls’ teams can reduce the risk of physical injury and ensure fair competition,” Justice Brett M. Kavanaugh wrote for the majority.

Biological boys and men will always have a physical advantage over girls and women, even while taking hormone drugs to transition. Which has led to far too many instances of girls being disenfranchised, marginalized, even injured in their chosen sport. It doesn’t matter whether it was wrestling, track, swimming, or volleyball, boys and men have a significant advantage, which is a proven scientific fact. Which was pointed out in detail in the decision. 

Those “[p]hysical differences between men and women” are “enduring.” United States v. Virginia, 518 U. S. 515, 533 (1996). The differences include, among other things, height, weight, strength, speed, endurance, and jumping ability. Therefore, 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.

This ruling not only protects Title IX, it tells states that the ball is in their court. 

“Consistent with Title IX and the Equal Protection Clause, we hold that the States may maintain women’s and girls’ sports for biological females. They may determine eligibility for women’s and girls’ sports based on biological sex. The Constitution and Title IX do not require an overhaul of women’s and girls’ sports throughout America,” he added.

Unfortunately, there are at least 23 states that aren’t protecting biological girls and women. 

We won but we are far from done.

23 states are still not going to protect women's sports.

States CAN but they don't have to.

Let's go. Let's get this done. pic.twitter.com/ViDbMgGGg6

— Jennifer Sey (@JenniferSey) June 30, 2026

But they should. In fact, every organization or entity should stop putting political correctness ahead of reality. Yes, I’m looking at you, Daughters of the American Revolution. 

Three of the justices, one of whom has serious problems with the definition of a woman, dissented. This from Justice Sotomayor.

Applying a form of heightened scrutiny divorced from this Court’s cases, the majority holds that transgender girls like B. P. J. who wish to play girls’ sports are not protected by the Constitution, even if B. P. J. is correct that neither of the State’s interests is furthered by their exclusion. Yet the Equal Protection Clause demands much more when a State deploys a sex classification to achieve legislative aims. Perhaps West Virginia could meet those demands. Perhaps not. In either event, because unresolved factual questions prevent the Court from assessing the merits of B. P. J.’s equal protection claim at this time, the Court should allow the District Court to address those factual questions in the first instance. Yet in an opinion unencumbered by fact or law, the majority today cuts off that process prematurely, deciding instead that B. P. J.’s case must end now.

This litigation implicates deeply sensitive, contentious, and evolving issues. These circumstances demand exercising judicial restraint, not rushing to answer conclusively difficult questions without sufficient evidentiary development. In opting otherwise, the majority extends great sympathy to those it favors: the young cisgender girls and women who play sports. I share that sympathy. Playing sports can lead to benefits that are immeasurable, and many are understandably invested in ensuring that competition stays fair and safe. Because the majority, however, inflicts a hardship on those it disfavors without giving them the fair and full opportunity the Constitution requires to litigate their contentions, I respectfully dissent.

Excuse me? What the heck was that? Did she miss the part where she and the rest of the justices upheld Title IX unanimously? Did she miss the part where this kicks everything back to the states to decide whether to allow transgenders into women’s sports or protect women? Evidently so. 

The court also holds that West Virginia and Idaho did not violate the Equal Protection Clause of the 14th Amendment by maintaining female sports teams for biological females. Justice Kavanaugh wrote the majority opinion.

— SCOTUSblog (@SCOTUSblog) June 30, 2026

This ruling doesn’t MAKE the states move to protect women. It lets the states decide for themselves. Which, as with Dobbs, means some states will add protections for women’s sports, and others will not.

As RedState’s Ward Clark pointed out in May, California allows transgenders to compete. Thus the state track meet ended up with biological boys as the “winners” over their female competitors. I’d like Sotomayor to explain how that ensures competition is “fair and safe.” 

KBJ, who is unable to define what a woman is, threw in this word salad of thoughts in her dissent. 

Ketanji Brown Jackson: “A transgender woman penalized for being perceived as aggressive has experienced discrimination "on the basis of sex" just as much as a cisgender woman has, no matter that the transgender woman's behavior matches expectations of her sex assigned at birth.”… pic.twitter.com/Whd7rTyeCz

— Gina Milan (@ginamilan_) June 30, 2026

That entire word salad scrambled my brain. 

https://twitter.com/A1Policy_AFA/status/2071973521119428747

Overall, common sense, science, and reality prevailed on behalf of women’s sports. 

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