Who Counts as a Woman in Sports? – The American Spectator | USA News and Politics

Who Counts as a Woman in Sports?

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Despite the rain, a group of advocates gathers near the Supreme Court to voice their message on women's rights and sports.

A group of young women stood outside the Supreme Court on Tuesday to urge the court to protect women’s sports and affirm biology and common sense. The Supreme Court may rule on West Virginia v. B.P.J in the coming days, which turns on whether biological sex or gender identity can decide who qualifies to compete in women’s sports. 

The reality is that a ruling for BPJ wouldn’t just allow her to compete in women’s sports — it would upend the integrity of women’s sports as a whole.

Faith Ozenbaugh, the National Director of Young Women for America, said, “We hope this case protects biological women. We’ve advocated for separation of men and women in sports. We desire that all women be protected in locker rooms, bathrooms, etc.”

YWA Intern Ruth Kiija agreed, “We’ve seen instances where someone’s identity was protected over women as a whole. You can’t argue with biology. A man is still a man. A woman is still a woman.”

Two women holding Title IX signs in front of SCOTUS.

Two activists advocate for women’s rights and mark the anniversary of Title IX outside the Supreme Court on a rainy day.

West Virginia vs. BPJ has become a case of immense national significance. Becky Pepper-Jackson of West Virginia was born a male but now identifies as a girl, and received puberty blockers as a child. Pepper- Jackson was not able to join the girls’ sports team as West Virginia mandates sex-separated sports

West Virginia passed the “Save Women’s Sports Act” in 2021, which ensured only biological women could compete in women’s sports. Pepper-Jackson argues that it violates Title IX of the Education Amendments of 1972 and the Equal Protection Clause under the 14th Amendment. Her lead counsel, Sruti Swaminathan, argued that to deny her a place on the women’s team would be to discriminate against her as a transgender girl. 

Although the law went into effect, the Fourth Circuit Court of Appeals later ruled in her favor, agreeing that it violated Title IX. Because of this, she was permitted to compete as the litigation continued.

West Virginia appealed to the Supreme Court. The court heard arguments in January of 2026, and it is believed that the judges will vote in favor of West Virginia as evidenced by sentiments of conservative judges. 

Judges have voiced disagreement with the way Perry-Jackson is using Title IX and the Equal Protection Clause to argue her case. Chief Justice John Roberts asked Kathleen Hartnett to elaborate on “whether or not we should view your position as a challenge to the distinction between boys and girls on the basis of sex or whether or not you are perfectly comfortable with the distinction between boys and girls, [and] you just want an exception to the biological definition of girls.” said Roberts. He stated that an exception like this “would have to apply across the board and not simply to the area of athletics.”

Justice Amy Coney Barrett pointed out the way a BPJ ruling would particularly hurt women’s sports when she asked Hartnett, “How would we say this discriminates on the basis of transgender status when” “trans boys can play on boys’ teams,” so that the effect of the law “really only runs towards trans girls?”

The reality is that a ruling for BPJ wouldn’t just allow her to compete in women’s sports — it would upend the integrity of women’s sports as a whole. If gender identity rather than biological sex is the criterion for making the cut for the women’s team, the future of women’s sports is not secure.

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