First Case Protecting Women’s Sports Heads to U.S. Supreme Court

The U.S. Supreme Court has a chance to hear the first case involving the protection of women’s sports.

This comes after West Virginia Attorney General Patrick Morrisey and attorneys with Alliance Defending Freedom filed a motion at the U.S. Supreme Court, requesting the high court overturn an order from the 4th U.S. Circuit Court of Appeals halting implementation of West Virginia’s Save Women’s Sports Act.

Earlier this year, the 4th Circuit overruled a federal district court which had upheld West Virginia’s law protecting female athletes from competing against males.

In ruling in favor of West Virginia’s law, U.S. District Judge Joseph Goodwin said that it is generally accepted that males outperform females athletically because, on average, males are larger and stronger than females.

“This is not an overbroad generalization, but rather a general principle that realistically reflects the average physical differences between the sexes,” the judge said.

West Virginia passed the Save Women’s Sports Act (HB 3292) in April 2021, which designated that “male and female sports teams in public secondary schools and colleges be based on biological sex.”

On Friday, Alliance Defending Freedom released the following video explaining the case:

“Female athletes have fought long and hard for equal opportunities, and they deserve to compete on a fair and level playing field,” said ADF Senior Counsel Christiana Kiefer.

“Biological differences between males and females matter in sports. West Virginia and 17 other states have enacted laws that protect women and girls from having to compete against males. Every woman deserves the respect and dignity that comes with having an equal opportunity to excel and win in athletics,” she added.

In a statement announcing the motion, Attorney General Morrisey said that the law in question – the Save Women’s Sports Act – ensures that “girls and women get their fair share of opportunities in sports.”

“We are resolute in protecting opportunities for women and girls in sports because when biological males win in a women’s event – as has happened time and again – female athletes lose their opportunity to shine,” the attorney general added. “That’s why we’re taking this case to the Supreme Court.”

Since this is the first case involving the issue of state laws protecting female, there is no guarantee that U.S. Supreme Court will agree to take it up. However, if it opts not to take up the case at the moment, it is highly likely more cases involving Save Girls Sports laws will make their way to the high court.

At least 18 states have passed bills protecting girls and women’s sports, including: Alabama, Arizona, Arkansas, Florida, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Montana, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah and West Virginia.

Photo Credit: Family Policy Alliance

Let’s pray that someday, every female athlete nationwide will be able to know that they can compete in female athletics without worrying they may be competing against a male.

The Daily Citizen will keep you updated on important developments in this case.

The case is B.P.J. v. West Virginia State Board of Education.