Alabama Attorney General Steve Marshall filed a 24-state amicus brief urging the U.S. Supreme Court to review a lower court’s decision that the Constitution prohibits States from restricting girls’ sports teams to biological females. The case arises out of the Ninth Circuit Court of Appeals, which held in September that Arizona’s 2022 law likely violates the Equal Protection Clause by not allowing biological males—who identify as women—to compete on sports teams reserved for women or girls. Over the last year, Attorney General Marshall has also led briefs asking the Supreme Court to hear similar disputes arising out of laws in Idaho and West Virginia.
“Our coalition is determined to preserve the 50 years of work that expanded opportunities and leveled the playing field for girls and women in sports. But the left continues to pander to a small minority of their base, urging states and courts to disregard years of scientific evidence showing that males have a competitive advantage over female athletes in competition. Parents of daughters are rightfully outraged at the loss of positions on teams and college scholarships. As our multiple briefs to the Supreme Court show, it’s time to return to fairness in opportunity for sports,” stated Attorney General Marshall.
In 2023, the Alabama Legislature passed a similar bill that uses biological sex rather than gender identity to classify sports teams at public schools, including colleges and universities.
Attorney General Marshall has been at the forefront of the gender discussion with the recent success halting the Biden-Harris administration’s expansion of Title IX regulations, which would have allowed biological males in female-only spaces such as sports locker rooms and bathrooms.
Marshall led the brief with the attorney general of Arkansas, who were joined by the attorneys general of the following states: Alaska, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.
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