During the current U.S. Supreme Court term, the Court will consider two challenges from LGBTQ advocates to laws that prohibit biological males from participating in girls’ sports. Those cases are Little v Hecox and West Virginia v B.P.J. Specifically, the Supreme Court will determine whether Save Girls’ Sports Laws violate the Fourteenth Amendment’s Equal Protection Clause and Title IX.
Kentucky, and a majority of states, have passed legislation prohibiting biological males from participating in girls’ sports. The KY General Assembly passed TFF-supported SB 83 in 2022, which was authored by Sen. Robby Mills and championed in the House by Rep. Ryan Dotson. The General Assembly overwhelmingly passed the legislation with bipartisan support and then overrode Gov. Andy Beshear’s veto.
In preparation for the U.S. Supreme Court to hear these cases, The Family Foundation, over 200 female state legislators, including 13 from Kentucky, and 37 other state Family Policy Councils signed onto an amicus “friend of the court” brief asking the U.S. Supreme Court to rule in favor of Save Girls’ Sports laws. All of these legislators and organizations have authored, sponsored, introduced, supported, or advocated legislation defining eligibility for women’s sports based on biological criteria. The Family Foundation and many of the female legislators previously signed onto a brief last year asking the Supreme Court to take these cases.
Our brief argues, “There is no serious dispute that, with respect to athletic competitions, women and men ‘are not similarly situated’—and that the relevant difference turns on biology, not on an individual’s interior sense of gender. Therefore, there can be nothing invidious or untoward about defining eligibility for women’s sports based on the former rather than the latter.”
The thirteen Kentucky female legislators who joined the brief are: Rep. Emily Callaway, Rep. Jennifer Decker, Rep. Kim Holloway, Rep. Mary Beth Imes, Rep. Savannah Maddox, Rep. Candy Massaroni, Rep. Kimberly Poore Moser, Rep. Marianne Proctor, Rep. Felicia Rabourn, Rep. Nancy Tate, Sen. Amanda Mays Bledsoe, Sen. Lindsey Tichenor, and Sen. Shelley Funke Frommeyer.
The Family Foundation would like to extend our sincere thanks and appreciation to all the Kentucky legislators who partnered with us in joining this important brief. The Supreme Court has set January 13, 2026, as the date for oral arguments in this historic case. Join us in prayer for the Justices and for a righteous decision.
Click here to view and download the PDF of the print version of the Citizen paper.