Transgender athletes anxiously await Supreme Court decision on women's sports participation

The future of women's sport may be at risk.

Transgender athletes anxiously await Supreme Court decision on women's sports participation
Transgender athletes anxiously await Supreme Court decision on women's sports participation

The future of women's sports is uncertain as female athletes await the Supreme Court's decision on transgender participation.

Lainey Armistead, a former college soccer player, joined Alliance Defending Freedom's (ADF) litigation to ensure that future generations of women and girls have the same opportunities she had growing up playing soccer on a level playing field.

West Virginia State University granted Armistead a full scholarship to play soccer and serve as team captain. However, when she learned about the challenges faced by other women and girls, including losing their spots on the podium, missing out on scholarships, and instances where biological men were permitted in locker rooms, on the field, and in hotel rooms with other female athletes, she felt compelled to advocate for them.

"Playing with my brothers was an amazing and formative experience for me," she said. "However, my dad would always caution me to be gentle and not get too competitive because I was biologically different. Although I was initially indignant, I knew what my dad and brothers knew, which was that I was different."

Lainey Armistead
Lainey Armistead (Alliance Defending Freedom)

From a young age, her younger brother was always faster, stronger and better than her, and she doesn't want to admit it, but unfortunately, it's true, she said to Planet Chronicle Digital.

In 2021, West Virginia enacted the Save Women Sports Act, which prohibits transgender girls from competing against biological girls in sports.

"I never had to make the tough choice of whether to play or not play against a biological male due to West Virginia's law protecting me," she stated.

Despite state law, changes to Title IX have sparked a conflict between state and federal regulations.

The Biden-Harris administration is trying to revise the definition of sex discrimination under Title IX to encompass gender identity, sparking controversy among critics who claim it will undermine women's equal opportunities in sports and jeopardize their privacy and safety in private spaces. The changes have already been implemented nationwide in states where they are not subject to legal challenges.

Lainey Armistead
Lainey Armistead (Alliance Defending Freedom)

A 13-year-old transgender middle school student in West Virginia obtained a federal court injunction to compete in female sports after the state passed a law.

In West Virginia, BPJ was allowed to compete against women and girls in track and field. Adaleia Cross, a high school freshman and girls’ track-and-field athlete, has accused BPJ of sexually harassing her, repeatedly beating her in track and field, and eventually edging her out of competing in throwing events.

The Biden administration's Title IX update is being challenged in a Tennessee lawsuit by Adaleia Cross' parents, who are being represented by ADF.

ADF's legal counsel, Rachel Rouleau, stated to Planet Chronicle Digital that girls should have an equal opportunity to compete, which is the argument ADF is making in numerous legal cases.

"Unfortunately, over the past three years, a male athlete has displaced nearly 300 girls on women's sports teams. This highlights the significant impact of allowing one male athlete to join a female team. Lainey became involved to prevent this from happening to more women and girls across the country."

Lainey Armistead
Lainey Armistead (Alliance Defending Freedom)

The Fourth Circuit Court of Appeals overturned the decision of the district court that the West Virginia Save Women's Sports law was in line with Title IX.

In Hecox v. Little, the American Civil Liberties Union is challenging the Idaho Save Women's Sports law, while the Alliance Defending Freedom is defending two female athletes.

"We are appealing this case to the Supreme Court to ensure that the district court's decision, which is consistent with Title IX, is upheld. Title IX was enacted to provide equal opportunities for women and girls, and West Virginia's law aligns with this objective. We are optimistic that the Supreme Court will uphold this consistency."

The redefinition of sex to include gender identity is harmful in numerous ways and is negatively impacting opportunities for students, teachers, female athletes, and males.

Lainey Armistead
Lainey Armistead (Alliance Defending Freedom)

Currently, 26 states are not implementing Title IX changes due to preliminary injunctions, which means that the laws will not be enforced in those areas until the litigation is resolved, according to Rouleau.

""These Title IX changes conflict with the 25 states that have passed Save Women's Sports laws, including West Virginia and Idaho, putting female athletes like Lainey in danger and forcing them to compete on the same sports teams," she said to Planet Chronicle Digital."

"The Title IX changes not only affect the sports aspect but also the privacy and safety aspect, as girls and women cannot compete on an equal footing if they cannot change safely in their own locker rooms and bathrooms. This is a crucial aspect of these changes to ensure that women have a private space to change and use the restroom with their teammates."

by Kendall Tietz

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