Biology won. In a pair of decisions, State of West Virginia v. B.P.J. and Little v. Hecox, the Supreme Court ruled that “sex” in Title IX means biological sex, not gender identity, and upheld West Virginia’s and Idaho’s laws keeping school sports separated by sex. The Title IX holding was unanimous, 9-0. The Equal Protection Clause holding was 6-3.
Here is what the Court decided and what it means for families in Massachusetts.
What the Court Decided
First, the Court wiped out a line of lower court rulings that had stretched Title IX to cover gender identity. Those rulings had been used to stop schools from separating sports, bathrooms, and locker rooms by biological sex. That legal theory is finished.
Second, the Court held that laws separating school sports by sex are constitutional. The distinction is based on sex, not gender identity, and it holds up because males and females are physically different in ways that matter for athletic competition. In the Court’s own words, schools “may determine eligibility for women’s and girls’ sports based on biological sex.” However, the Court left the bathroom and locker room question for another day, and it did not decide whether gender identity is a protected class under the Equal Protection Clause. But on sports, the answer is now settled.
Previous to this ruling, both laws had been blocked, preventing their ability to protect female athletes. Now that the Supreme Court reversed both, the way is clear for the laws to stand, providing essential equality to female athletes.
What This Means Nationally
More conservative-leaning states now have a green light. Any state that wants to pass a law similar to Idaho and West Virginia, often called a Save Girls’ Sports law, can do so without a constitutional fight waiting for it. We hope that they will do so.
What This Means for Massachusetts
Here, the impact is not immediate.
Beacon Hill is unlikely to pass a Save Girls’ Sports law anytime soon. And even if a local school committee wanted to separate sports or facilities by biological sex, state antidiscrimination law would likely knock it down. Massachusetts law has been interpreted to require schools to let students who identify as the opposite sex into girls’ sports, bathrooms, and locker rooms, no matter what federal law now says.
That is the real fight. It is a state law problem, and it will take sustained state-level work to fix.
Why This Still Matters
One excuse just died. For years, school districts and state officials have hidden behind federal law and the Constitution as the reason they supposedly cannot separate sports and private spaces by sex. That excuse is gone.
The ruling also hands us a new argument. If “sex” means biological sex under Title IX, then letting biological males into girls’ sports, bathrooms, and locker rooms may itself violate Title IX. That question is now wide open, and it strengthens the case for Title IX complaints and litigation right here in Massachusetts.
But litigation only gets us so far without a legislature willing to act. A Save Girls’ Sports law cannot pass in Massachusetts with the legislature we have now. It takes like-minded lawmakers who are willing to stand up for our daughters. That is exactly the work that our advocacy arm, Massachusetts Family Action, exists to do: identifying and supporting candidates who will stand up for girls and fight for policies like this. Every seat we flip or hold with a legislator who shares these values gets us closer to a legislature that will pass a Save Girls’ Sports law instead of blocking one.
What You Can Do
Speak up now. If your daughter’s school has let a biological male onto her team or into her locker room or bathroom, reach out to MLLC to submit a complaint. The legal ground just shifted in favor of girls who want fair competition and private spaces.
Additionally, we encourage you to become an advocate today. Massachusetts Family Action is building the legislature that will finally pass a Save Girls’ Sports law, one race at a time, and we need people on the ground to make it happen. Sign up to volunteer or knock doors. Your daughter’s fair shot at competing depends on who sits on Beacon Hill.
We will track how this decision plays out and keep you updated on ways to make your voice heard.