In a landmark 6-3 decision issued last week, the U.S. Supreme Court held that states have the constitutional authority to reserve girls' and women's sports teams for biological females only. The ruling, covering both West Virginia v. B.P.J. and Little v. Hecox, upholds West Virginia's Save Women's Sports Act and Idaho's Fairness in Women's Sports Act – common-sense laws that were previously blocked by lower courts.

Writing for the majority, Justice Brett Kavanaugh correctly observed that "sports are generally zero-sum." Every roster spot, scholarship, and medal given to a male athlete competing in a female category is one taken from a girl or woman who earned her place through years of hard work and sacrifice. Kavanaugh further wrote:

“The two States here—along with 25 other States, the IOC, the USOPC, and the NCAA—have concluded at this time that women and girls should be allowed to compete for those life-changing opportunities on an equal playing field, without fear of physical injury from biological males or being forced to compete against biological males. 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.”

Tennessee is one of those 25 states Kavanaugh mentioned. In May 2021, Governor Bill Lee signed legislation requiring that a student-athlete's eligibility for K-12 school sports be determined by the sex listed on their original birth certificate. The law, SB 228,  made Tennessee one of the earliest states in the country to draw a clear, common-sense line: girls' teams are for girls.

This Supreme Court ruling establishes the following standards for all state laws regarding men in women’s sports:

• States are allowed to limit female athletic competition to biological females under both Title IX and the Equal Protection Clause.
• Courts are not required to referee, case by case, which male athletes have supposedly blunted their biological advantages.
• Safety and competitive fairness are legitimate government interests substantial enough to justify sex-based eligibility rules.

“It’s a huge affirmation. We wrote the bill, and we passed it… and today the Supreme Court upheld that Title IX is based off biological sex,” Rep. Scott Cepicky, who sponsored SB 228, stated following the ruling. “Women will be participating against women, and men will be participating against men.”

For five years, Tennessee has stood by a simple truth: males and females are different, and fairness in sports depends on protecting that distinction. We're grateful for this decision, and we're grateful for our lawmakers who had the courage to spearhead this issue five years ago before it became popular nationally. Tennessee is proud to lead the way in protecting female athletes! FACT remains committed to defending the God-given differences between men and women and the integrity of women's sports in Tennessee. If this news encourages you, please consider supporting our work so we can continue to pursue these important victories.