WASHINGTON - U.S. Senator Jim Risch (R-Idaho) and Representative Riley Moore (R-W.Va.) today filed an amicus brief with the U.S. Supreme Court in the cases Little v. Hecox and State of West Virginia v. B.P.J. The brief supports the States of Idaho and West Virginia in defending their laws preserving Title IX protections and prohibiting biological men from participating in women’s sports. U.S. Senators Mike Crapo (R-Idaho), Shelley Moore Capito (R-W.Va.), Jim Justice (R-W.Va.), and Jim Banks (R-Ind.) and Representatives Mike Simpson (R-Idaho), Russ Fulcher (R-Idaho), and Carol Miller (R-W.Va.) joined in filing the brief.

“Life isn’t fair, but sports should be. Idaho passed a strong law to uphold Title IX’s intended purpose and prevent biological men from competing in women’s sports,” said Risch. “This amicus brief demonstrates that any attempt by the courts to rewrite Title IX protections throws away decades of progress made by women and jeopardizes their right to fair, equal athletics. Our daughters and granddaughters deserve an even playing field, and Idaho’s law does just that.”

“West Virginia passed a law saying men shouldn’t play in women’s sports. This is just common sense – men and women are biologically different. Congress passed Title IX to create a space for women to have the ability to compete in athletics,” said Moore. “I’m proud to lead this bicameral Members of Congress amicus brief with Sen Jim Risch (R-Idaho) in defense of my home state and Idaho’s laws protecting women’s sports at the Supreme Court. Men cannot become women and they certainly shouldn’t be forced to compete together. We have a duty to protect our children and ensure that no more girls are injured by transgender athletes pretending to be women.” 

“Congress established Title IX to protect women in all levels of education against discrimination on the basis of sex. That protection applies to school sports – where female athletes who have invested significant time and effort to excel should not be made to face unfair competition from biological males in women’s categories,” said Crapo. “Idaho must have the right to stop any efforts that attempt to undermine Title IX.”

“As a high school girls’ basketball coach, I have seen firsthand how hard young women compete to succeed. It is absolutely not fair to ask them to step onto the court or field with biological men. That’s why I will always support West Virginia’s Title IX laws – and always be a vocal advocate to protect the integrity of women’s sports,” Justice said.

“Women’s sports should remain just that – women’s sports,” Capito said. “West Virginia has a proud tradition of female athletes who deserve a level playing field, and I’m proud to stand with my colleagues in defending that principle—something I’ve long-championed. Allowing biological males to compete in women’s sports undermines the very fairness and protections Title IX was designed to provide. This amicus brief makes clear that protecting women’s sports is not only common sense, but also the law and I’m confident the Court will come to the same conclusion.”

“Title IX has advanced and protected educational opportunities for students for more than fifty years. Unfortunately, radical policies and far-left woke ideology are trying to undo all the progress we have made when it comes to protecting women’s sports. Female athletes should not have to worry about losing scholarships or Olympic medals by having to compete against men,” said Simpson. “Now more than ever, we need to stand united against this insanity and uphold our promise for the next generation of young girls. Americans are grateful to leaders like Governor Little, as Idaho was the first state in the nation to ban biological males from competing in female athletics. Idaho has set a common-sense standard — one that should now be met across the country.”

"When Congress passed Title IX over fifty years ago, the People’s representatives made a commitment to future generations of women and girls that they would have fairness in athletics and equal treatment in education. This common-sense provision is based on a stable understanding of an individual’s biological sex,” said Fulcher. “Since then, Idaho has become the first state in the nation to ban biological males who identify as female from competing against women and girls in sports. This is aligned with federal law, and I am confident the court will see it as such.”

The amicus brief emphasizes that Title IX was written on the basis of sex, not gender identity. The brief states:

• Neither Title IX nor subsequent legislation mention the concept of “gender identity;”
• Title IX was enacted under the Spending Clause, which requires clear and unambiguous provisions, none of which say anything about gender identity; and
• Any attempts to expand upon Title IX protections must come from Congress, not the courts.

The amicus brief was filed by U.S. Senators Jim Risch (R-Idaho), Mike Crapo (R-Idaho), Jim Justice (R-W.Va.), Shelley Moore Capito (R-W.Va.), Jim Banks (R-Ind.), Ted Budd (R-N.C.), Bill Cassidy (R-La.), Kevin Cramer (R-N.D.), Lindsey Graham (R-S.C.), Cindy Hyde-Smith (R-Miss.), James Lankford (R-Okla.), Roger Marshall (R-Kansas), Eric Schmitt (R-Mo.), Rick Scott (R-Fla.), and Thom Tillis (R-N.C.), and U.S. Representatives Riley Moore (R-W.Va.), Carol Miller (R-W.Va.), Russ Fulcher (R-Idaho), Mike Simpson (R-Idaho), Steve Scalise (R-La.), Robert Aderholt (R-Ala.), Brian Babin (R-Texas), Andy Barr (R-Ky.), Lauren Boebert (R-Colo.), Buddy Carter (R-Ga.), Andrew Clyde (R-Ga.), Mike Collins (R-Ga.), James Comer (R-Ky.), Brandon Gill (R-Texas), Marjorie Taylor Greene (R-Ga.), Harriet Hageman (R-Wyo.), Pat Harrigan (R-N.C.), Mark Harris (R-N.C.), Diana Harshbarger (R-Tenn.), Clay Higgins (R-La.), Anna Paulina Luna (R-Fla.), Thomas Massie (R-Ky.), Lisa McClain (R-Mich.), Addison McDowell (R-N.C.), John McGuire (R-Va.), Mary Miller (R-Ill.), Barry Moore (R-Ala.), Tim Moore (R-N.C.), Andy Ogles (R-Tenn.), Hal Rogers (R-Ky.), John Rose (R-Tenn.), Mike Rulli (R-Ohio), and Daniel Webster (R-Fla.).

Senator Risch has been a leader in preserving fairness in women’s sports and Title IX. He has introduced the Protection of Women and Girls in Sports Act and Fair Play for Girls Act, and has urged the International Olympic Committee, National Collegiate Athletic Association, and National Governors Association individually to adopt policies that prohibit biological men from participating in women’s sports.

The amicus brief can be read here.