On Tuesday morning, the steps of the U.S. Supreme Court became a clear line in the sand. Not just legally, but morally and culturally.
Right in front, a rally gathered parents, students, athletes, lawmakers, and advocates who understand what’s truly at stake in the cases now before the Court. Inside the building, the justices heard oral arguments that cut to the heart of a growing conflict in our country.
Is sex a real, objective category under the law? Or is it something the government can redefine based on ideology? That question hovered over everything that happened this week.
Inside the Courtroom
While many of us stood outside, Independence Law Center attorneys Randall Wenger and Jeremy Samek were inside the Supreme Court chamber, listening firsthand as the justices questioned attorneys in Hecox v. Little and B.P.J. v. West Virginia.
Those cases ask whether states may protect female athletes by reserving women’s sports for biological females, consistent with Title IX and the Constitution.
The arguments repeatedly tried to return to reality. At various points, attorneys pressed the obvious distinction that activists try to blur: Biological differences between males and females are real, and they matter in athletics.
Another exchange highlighted the core concern of fairness. Male puberty brings advantages in speed, strength, and endurance that no amount of policy language can erase. The justices asked whether ignoring those facts would effectively gut the very purpose of women’s sports.
These were not abstract hypotheticals. They were questions rooted in biology, objective truth, common sense, and decades of law.
Independence Law Center’s Role
Independence Law Center played a supporting role in this case by filing an amicus brief on September 19, 2025, on behalf of 55 public school board directors from 21 Pennsylvania school districts. All 21 of their districts have adopted policies to protect fairness, safety, and opportunity for girls.
The brief urged the Court to resolve this issue nationwide by affirming that separating males from women’s teams and intimate spaces is not discrimination. It complies with Title IX and the Constitution.
As the brief explains, sex-based distinctions in athletics exist for a reason. They protect girls from injury. They preserve fair competition. And they ensure that opportunities promised to women are not quietly taken away.
A Rally for Reality
Outside, the rally reflected that same clarity.
Former athletes, parents, and students spoke with courage and conviction. Among them was student athlete, Lily Williams, who joined many other well-known athletes willing to say what too many are pressured to deny: women’s sports exist because women are different from men.
These female athletes spoke for the 600 women mentioned in the U.N. Special Rapporteur’s report showing that they have lost 890 medals in 29 different sports. Their presence mattered.
So did the presence of Pennsylvania elected leaders who came to represent their constituents at this critical moment.
- Senator Judy Ward (R), representing counties in South Central Pennsylvania
- Senator Kristin Phillips-Hill (R), representing southern York County
- Representative Barb Gleim (R), representing the 199th District, including Carlisle and western Cumberland County
Each spoke with media outlets on site, making clear that Pennsylvanians expect their leaders to defend fairness for women and girls. This was representation done right.
A Worldview on Trial
What unfolded on Tuesday was not simply a legal dispute. It was a clash of worldviews.
On one side:
- Sex and biological differences are real
- Objective truth exists independent of feelings
- The law should reflect reality
On the other:
- Language redefines biology
- Identity overrides evidence
- Institutions must conform to ideology
That conflict was named plainly in a recent op-ed by Jen Henkel, a Pennsylvania school board member, published by Broad & Liberty.
She wrote, “Attempts to conflate gender identity with sex cannot change the analysis, because the important interests in separation only apply to sex.”
Her words echo what school boards, parents, and athletes have been saying for years. This is not about animus. It is about clarity. And about protecting children from adult confusion imposed by lawfare.
You can read her full article here in the Broad & Liberty website.
What Happens Now
The justices will now take time to deliberate, carefully weighing the arguments presented and examining the legal precedent before them. Their task is not small.
The ruling in these cases will have lasting consequences. It will shape the future of women’s sports, guide school policy across the country, and determine how far government may go in denying biological truth.
A Call to Prayer
This is where you come in. Please pray:
- For wisdom for each justice
- For clarity amid cultural pressure
- For courage to uphold truth, even when it is unpopular
- For protection of girls who depend on adults to defend what they cannot
Tuesday was a reminder that truth still has defenders. Regardless of what the Supreme Court decides, our work here in Pennsylvania is far from done.
While the Supreme Court considers these critical cases, the fight to protect women’s sports continues here at home. In the Pennsylvania Senate, a bipartisan majority passed Senate Bill 9, the “Save Women’s Sports Act,” in May of 2025. This bill was introduced by a group of 10 female State Senators led by Sen. Judy Ward, Sen. Kristin Phillips-Hill, and Senate President Pro Tempore Kim Ward, stating clearly that “allowing a biological male to compete on a women’s scholastic athletic team puts all women on the playing field at an automatic disadvantage.”
Senate Bill 9 is now awaiting action by the Pennsylvania House, where there are also two similar bills — House Bill 158 sponsored by State Representatives Barb Gleim, Martina White (R-Philadelphia), and Stephanie Borowicz (R-Clinton), and House Bill 1849 introduced by State Representatives Clint Owlett (R-Tioga), Eric Davanzo (R-Westmoreland), Joe D’Orsie (R-York), Jonathan Fritz (R-Wayne), and Joe Hamm (R-Lycoming).
Click here to watch our latest video and then sign the petition to Save Women’s Sports!
A 2025 poll found that over three-fourths of parents (78%) oppose males who identify as females competing on girls’ sports teams. The Save Women’s Sports Act would ensure girls in Pennsylvania are not forced to compete against boys in sex-specific sports.
➡️Contact your state representative today and ask them to support bringing the Save Women’s Sports Act to the House floor for a vote as quickly as possible!
Related Video:
