By Randall Wenger, Chief Counsel,
This week marks a turning point for girls’ sports, and Independence Law Center was honored to play a part by supporting fairness for women and girls. Last September, our legal team prepared and filed an amicus brief at the U.S. Supreme Court on behalf of 55 school board directors from 21 Pennsylvania school districts. We argued that Title IX was designed to protect opportunities for women and girls and that schools should not be forced to ignore biological reality.
During the past several years, I have spoken with school directors across Pennsylvania who wanted to protect girls’ sports but were repeatedly told (falsely) that they would face lawsuits if they acted. Because of that, some board members concluded that they had little choice but to delay action while the courts sorted out the issue. This week’s decision changes that conversation.
The Supreme Court has removed the notion of legal uncertainty and confirmed that schools may recognize biological sex in athletics to protect fairness, safety, and equal opportunity for female athletes. The path forward is clear: The General Assembly should pass Senate Bill 9, the Save Women’s Sports Act, and school districts across the Commonwealth should adopt policies consistent with the Court’s ruling.
Our amicus brief explained that in enacting sex-based athletics policies, Pennsylvania school boards were not acting out of any supposed hostility but fulfilling their legal duty to preserve the fairness and equal athletic opportunities Title IX guarantees to female athletes. The Court’s opinion reflects many of those same principles.
What the Supreme Court Actually Decided
The Supreme Court considered challenges to laws in West Virginia and Idaho that reserve girls’ and women’s athletic competitions for biological females. The Court reached two significant conclusions.
First, it unanimously recognized that Title IX permits schools to maintain separate athletic teams based on biological sex. Congress enacted Title IX to expand athletic opportunities for women and girls, not to eliminate meaningful distinctions between the sexes.
Second, by a 6-3 vote, the Court held that these protections are also consistent with the Equal Protection Clause of the Fourteenth Amendment.
The Court explained :
“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.”
Years of Legal Intimidation Have Been Rejected
For years, activists have attempted to erase longstanding protections for female athletes through legal pressure and smear campaigns.
School districts were warned they could face liability if they recognized biological sex when determining athletic eligibility. School board members were portrayed as extremists simply for attempting to protect girls’ sports or bodily privacy in the locker room.
This decision vindicates those leaders who refused to abandon common sense.
Those leaders and their districts faced criticism and lies about their motivations simply for adopting policies recognizing biological sex in athletics. Nevertheless, dozens of Pennsylvania school directors concluded that girls’ athletic opportunities were worth defending. They acted to protect:
- Opportunities for female athletes
- Fair athletic competition
- Student safety
- Privacy in locker rooms and other intimate spaces
The Supreme Court has now confirmed that schools and even state governments are free to act.
Pennsylvania Should Pass Senate Bill 9
Senate Bill 9, the Save Women’s Sports Act, would establish statewide protections ensuring that girls’ athletic competitions are reserved for biological females. Governor Josh Shipiro and Pennsylvania House Democratic leadership, which has been playing games to keep this bill from coming up for a vote, are now utterly without excuse.
Without statewide legislation, Pennsylvania families remain dependent on a patchwork of local policies. Some school districts have adopted commonsense protections, while others continue to leave female athletes vulnerable to unfair competition.
Most importantly, Senate Bill 9 would restore confidence that every girl in Pennsylvania has the opportunity to compete on a level playing field. After the Supreme Court’s decision, legislators can no longer claim that there is the least bit of uncertainty in the legal landscape. The highest court in the nation has spoken.
School Districts Should Not Wait
Likewise, local school boards should not wait to act. School board members have both the authority and the responsibility to safeguard the athletic opportunities for their female students. Parents across Pennsylvania should encourage their local districts to adopt policies that recognize the distinction between the sexes, while treating every student with dignity and respect.
Respect for every student and fairness for female athletes are not opposing values. Schools can uphold both.
Truth Matters in Law
Justice Clarence Thomas, in his concurring opinion, explains that we should not allow language to distort the truth. He quotes philosopher Josef Pieper, writing:
“To use language to obscure reality—to show ‘indifference regarding the truth’—is to lie to the public and cease to treat our fellow citizens ‘as equals.'”
That observation reaches far beyond athletics. When public policy abandons objective truth, confusion inevitably follows. Laws become disconnected from reality, institutions lose public confidence, and those most deserving of protection often suffer the greatest harm.
Girls’ sports illustrate this clearly.
The physical differences between males and females are not matters of opinion. They are biological realities that directly affect strength, speed, endurance, and safety. Ignoring those differences does not create fairness. It undermines it. The Supreme Court’s decision reflects that principle. Pennsylvania law should do the same.
As Alliance Defending Freedom CEO Kristen Waggoner said, “This is a victory for every girl who refused to stay quiet in the face of injustice. Men cannot be women, and no drug erases the male athletic advantage.”
The Work in Pennsylvania Is Not Finished
The Court’s ruling is a landmark victory, but our work here in Pennsylvania continues. The decision settles the legal question. What remains is the policy question. Pennsylvania lawmakers should pass Senate Bill 9, school districts should adopt policies protecting girls’ athletic opportunities, and parents should encourage both to act.
At Independence Law Center, we will continue defending those who courageously stand for truth and the constitutional principles that allow schools to protect girls’ athletic opportunities.
If you want to help protect girls’ sports in Pennsylvania, now is the time to act.
Sign up for PA Family’s legislative email alerts to stay informed about Senate Bill 9 and other legislation affecting Pennsylvania families. Then contact your legislators, attend your local school board meetings, and encourage your district to adopt policies that protect fairness, safety, and equal opportunity for every girl who steps onto the field, court, or track.
Pennsylvania’s girls have waited long enough. Now Pennsylvania should do its part.
Related Links:
- West Virginia v. B. P. J. (06/30/2026)
- Save Women’s Sports Resource Page
- SB9 Save Women’s Sports Legislation
- Independence Law Center Case Page: Hecox (Idaho) & B.P.J. (West Virginia)
- Op-Ed: On the front lines of school policy, we’re asking the Supreme Court for clarity
- 9-19-25 ILC Amicus brief of Pennsylvania School Board Directors
