{"id":880,"date":"2026-07-09T04:13:30","date_gmt":"2026-07-09T04:13:30","guid":{"rendered":"https:\/\/nationallogisticspost.com\/?p=880"},"modified":"2026-07-09T04:13:30","modified_gmt":"2026-07-09T04:13:30","slug":"a-victory-for-womens-sports-west-virginia-v-b-p-j-and-little-v-hecox","status":"publish","type":"post","link":"https:\/\/nationallogisticspost.com\/?p=880","title":{"rendered":"A Victory for Women\u2019s Sports: West Virginia v. B. P. J.<\/i> and Little v. Hecox<\/i>"},"content":{"rendered":"
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I<\/span>t is rare to find cases rising to the Supreme Court level where the justices are asked, \u201cWho should be allowed to play on competitive women\u2019s and girls\u2019 sports teams?\u201d Just decades ago, the answer would have been easy, hardly requiring the nation\u2019s highest court to provide an answer. Women and girls play on sports teams for women and girls. But the question posed by two cases \u2014 West Virginia v. B<\/em>.P<\/em>.\u00a0J<\/em>.<\/em>\u00a0and Little v. Hecox\u00a0<\/em>\u2014 <\/em>turned out to be more complicated. The two litigants, both biological males but identifying as women, want the right to play on women\u2019s teams and are challenging state laws in West Virginia and Idaho that prohibit them from doing so.<\/p>\n

Read more Trump Re-Engages in the Russia-Ukraine War<\/a><\/p>\n

Before considering those two decisions, let\u2019s first take a glance back at women\u2019s sports.<\/p>\n

It is fair to say that American women and girls were discouraged from participating in competitive sports for a good portion of our nation\u2019s history. The barriers were a combination of cultural constraints and\u00a0physical education theories about what sports women could play, given their\u00a0supposed physical<\/span> fragility. These restrictive views had staying power because, as late as the early 1960s, many U.S. colleges had full-fledged intercollegiate sports programs for men but offered women students only a paltry menu of intramural sports. As Justice Brett Kavanaugh writes for the Supreme Court, participation in sports, then, was\u00a0\u201cbadly skewed\u201d\u00a0in favor of men\u2019s sports.<\/p>\n

But times changed, and certain women\u2019s athletic associations began to advocate for a complete array of competitive women\u2019s intercollegiate sports, with the best example being the Division of Girls and Women in Sports (DGWS), founded in 1957.<\/p>\n

In 1972, Congress passed\u00a0Title IX of the Civil Rights Act, which gave the already developing women\u2019s sports initiative a legal shot in the arm. High schools and colleges that were receiving federal aid (which was most of them) were compelled by law to expand sports offerings for women to be more in parity with men\u2019s programs or risk losing federal monies or having to defend against claims of sex discrimination. Title IX, coupled with changing attitudes about women in sports, led to a boom in athletic opportunities for women and girls.<\/p>\n

And yet, after decades of overcoming a variety of stubborn historic barriers to their participation in sports, women and girls today unfortunately face a new unexpected challenge \u2014 namely, transgender women, who are biological men, identifying as women and invading their courts, fields, tracks, and pools.<\/p>\n

Dr. Carl Trueman puts it clearly in his\u00a0The Rise and Triumph of the Modern Self<\/em>, where he notes that these individuals are men who assert that they are \u201cwomen trapped in a man\u2019s body.\u201d Trueman says that this is a \u201cview of personhood that almost completely dispenses with the idea of any authority beyond the personal\u2026. I think I am a woman therefore I am a woman.\u201d This view usually begins as a private discontent with one\u2019s birth sex, a disorder commonly called \u201cgender dysphoria.\u201d But in the last decade and a half, the transgender movement has morphed into an unyielding and very public force that includes demands by trans women that they be accepted onto women\u2019s and girls\u2019 sports teams composed of biologically female players.\u00a0(RELATED: Trump\u2019s Ban on Males in Female Sports: What It Does, Why It\u2019s Justified, and the Left\u2019s Outrage.)<\/strong><\/p>\n

These demands continue to occur despite clearly established science showing that these trans athletes retain the physical and physiological advantages of males over their teammates and opponents who are female. The result is that trans athletes dominate the sport they enter. Perhaps the best-known case was transgender swimmer Lia Thomas, a biological male, who swam as a \u201cwoman\u201d for the University of Pennsylvania and who set records and became an NCAA champion.<\/p>\n

Some state legislatures, succumbing to transgender ideology and pressure, have simply allowed biological males identifying as women to compete on women\u2019s and girls\u2019 teams.<\/p>\n

Other states, 27 as of today, seeing the unfairness of what was happening and receiving complaints from parents and female athletes, responded with laws like those of West Virginia and Idaho. These two pieces of legislation \u2014 the West Virginia Save Women\u2019s Sports Act and the Idaho Fairness in Women\u2019s Sport Act \u2014 banned transgender women or girls (biological men or boys) from participating on women\u2019s or girls\u2019 sports teams in public secondary schools and colleges, recognizing the inherent physiological differences between males and females as a legitimate basis for separate-sex sports.<\/p>\n

Read more Keeping the Faith \u2014 and the Punchlines<\/a><\/p>\n

The West Virginia act was challenged by a person named in court documents as \u201cB.P.J.\u201d (a minor, presented anonymously by initials). This person was a transgender girl who, though biologically a boy, had identified as a girl for some years and received hormone and other therapy to delay puberty. The Idaho Act was challenged by Lindsay Hecox, also a biological male identifying as a woman and desiring to participate as a female in women\u2019s track and other sports at Boise State University. Their lawsuits advanced through the courts to the U.S. Supreme Court.<\/p>\n

B.P.J.\u2019s case against West Virginia raised a Title IX issue by claiming that the language in that statute prohibiting \u201cdiscrimination based upon sex\u201d in educational programs applied to her as a transgender woman athlete since she was being excluded from sports participation due to her \u201csex.\u201d The Court majority rejected that claim outright. First, it said that the term \u201csex\u201d used in 1972 and later in amendments to that title clearly referred to \u201cbiological sex,\u201d not \u201cgender identity.\u201d The regulations under Title IX cannot be plausibly read any other way. Justice Kavanaugh wrote, \u201cthe texts of Title IX, the Javits Amendments, and the Title IX regulations do not say (or even hint) that schools must allow certain biological males to participate in women\u2019s or girls\u2019 sports.\u201d Given the inherent differences between males and females, separate sports for biological males and biological females are reasonable, specifically to reduce the risk of physical injury and ensure fair competition.<\/p>\n

Another argument made by B.P.J. asserted that the definition of \u201csex\u201d in Title IX should be based upon the decision in Bostock v. Clayton County<\/em>, where the Court interpreted the prohibition against sex discrimination in a Title VII employment case to include dismissal for \u201csexual orientation.\u201d The Court here simply says that the statute being interpreted \u2014 Title IX versus Title VII \u2014 and the factual situation \u2014 women\u2019s sports versus employment sports \u2014 are different enough to make\u00a0Bostock\u00a0<\/em>irrelevant.<\/em><\/p>\n

Both parties, B.P.J. and Hecox, also made an argument under the 14th Amendment\u2019s Equal Protection Clause. The Court\u2019s equal protection jurisprudence recognizes that when a state passes a law that uses a sexual classification, it triggers a level of the Court\u2019s inquiry called \u201cintermediate scrutiny.\u201d In other words, the Court reviews (scrutinizes) the sexual classification by asking if the classification is \u201csubstantially related to achieving an important governmental interest.\u201d If it is, the sexual classification is allowed under the Equal Protection Clause. If not, the classification is unconstitutional.<\/p>\n

Here, the Court finds that the difference between biological men and women in terms of height, weight, strength, and speed leads the states to protect the \u201csafety for women participants, and preservation for female athletes of the opportunity to fairly compete and succeed.\u201d These are important interests that are substantially related to the requirement of separate-sex sports; that is, those limited in each case to biological men or biological women. Therefore, the equal protection claim fails. Consequently, the laws banning biological men, though they may claim to be women, from women\u2019s and girls\u2019 sports are upheld.<\/p>\n

With these decisions, the decades of real progress for women and girls in sports that have been achieved will be preserved for those in states with similar laws in place. The result will be otherwise in states without legislative protection. Unhappily, women and girls there will find themselves in competition with \u201cwomen and girls\u201d who are really biological men and boys, and whose physical advantages will distort the competitive outcomes of women\u2019s sports in those states.<\/p>\n

Kavanaugh closes the opinion of the Court in an unconventional way with what could properly be described as a heartfelt plea to women and girls who engage in athletic competition and a call for civility and kindness. Here are some segments of his remarks concerning female athletes:<\/p>\n

\u201cThey [women and girls who play sports] spend extraordinary time and effort to train in the heat and in the cold, to work out early in the morning and late at night, to get a little faster, to become a little stronger, to jump a little higher, to shoot a little better \u2026 to make a lonely journey back from an ACL tear \u2026 to start, to win the game, to win a championship, to be all tournament \u2026 to endure losses with grace, to lift up their teammates, and to respect opponents who have beaten them fairly and squarely. Whether the star of the team or the last player on the bench, they form lifelong friendships and lifetime memories. They savor their athletic accomplishments and cherish them for years, even decades, after their playing days are over.\u201d<\/p>\n

Kavanaugh continues, \u201cIn so ruling, we emphasize one last point. Most of the biological female and transgender student athletes who are involved in transgender sports disputes around the country are teenagers or in their early twenties. Those student-athletes want to play sports. Their desire to compete warrants respect. No student-athlete, whether a biological female or transgender, deserves to be ostracized or vilified.\u201d<\/p>\n

Read more The Big Sleazy Graham Platner<\/a><\/p>\n

Well put, Mr. Justice.<\/p>\n

READ MORE from John A. Sparks:<\/strong><\/p>\n

Colorado Tries to Ban Faith-Informed Counseling:\u00a0Chiles v. Salazar<\/i><\/strong><\/p>\n

Elementary School Parents Fight Gay\/Trans Books<\/strong><\/p>\n

Image licensed under Attribution 2.0 Generic.<\/strong><\/em><\/span><\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

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