Washington, D.C – June 30, 2026 — In a major win for female students’ safety, fairness, and equal opportunity, the U.S. Supreme Court today ruled in favor of State protections for women’s sports and facilities in Little v. Hecox and B.P.J. v. West Virginia. The decisions affirm that laws safeguarding biological sex-based categories in athletics and facilities do not violate Title IX or the Equal Protection Clause of the Fourteenth Amendment.
The rulings reverse lower court decisions that had undermined sex-based distinctions, including the Fourth Circuit’s decision in B.P.J. by Jackson v. W. Virginia State Bd. of Educ., 98 F.4th 542 (4th Cir. 2024). Advocates for Faith & Freedom, representing a coalition of California public school districts and charter schools, played a key role by filing an amicus curiae brief urging the Court to protect female students.
The coalition includes John Adams Academies, Chino Valley Unified School District, Temecula Valley Unified School District, Murrieta Valley Unified School District, Perris Union High School District, Placer Union High School, Orange County Board of Education, and Kern County Board of Education. Our brief emphasized that redefining “sex” under Title IX to include gender identity ignores biological realities, endangers girls’ physical safety, psychological well-being, and destroys athletic opportunities.
“For nearly fifty years, Title IX has allowed female athletes to thrive in their own competitions and protected girls in their locker rooms and bathrooms,” said Erin Mersino, Vice President and Chief of Supreme Court and Appellate Litigation at Advocates for Faith & Freedom. “Title IX was a hard-won victory for women’s equality, built on recognizing sex-based differences — not erasing them. Today’s decision upholds the original meaning of Title IX and protects the rights of female students across the country.”
The Supreme Court’s decisions draw on history, science, and common sense. Biological males, on average, possess significant physical advantages in strength, speed, and endurance due to puberty-driven differences. Allowing males to compete in female categories or access sex-segregated facilities creates unfair competition and risks safety and privacy, and invokes of number of religious liberty concerns. Female students have reported trauma-like embarrassment, avoidance of facilities, and lost opportunities when sex-based protections are eroded.
Erin Mersino added: “Our clients have bravely stood up to ask the Supreme Court to preserve the promise of Title IX. This ruling is a victory for our daughters, granddaughters, and female athletes nationwide who deserve fair play and safe spaces.”
Advocates for Faith & Freedom has a number of cases in the federal courts in California which will continue to be litigated on this issue, as much more work will need to be done to protect girls’ sports nationwide. The fight continues, but with your support we will achieve victory. Advocates for Faith & Freedom celebrates this outcome as a defense of constitutional principles, women’s rights, and the rule of law. The organization remains committed to safeguarding religious liberty, parental rights, and equal protection for all.
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