The Supreme Court is reviewing cases involving transgender athletes competing in girls’ sports, and XX-XY Athletics founder Jennifer Sey is weighing in.
“We would be sent backwards more than 50 years before Title IX even existed,” Sey told Fox News Digital, should the high court rule in favor of these transgender athletes. “It would mean any male that claims to be a female in any state could enter women’s sport and spaces.”
Sey said girls’ sports advocates like herself are only asking for the “bare minimum.”
“We’re just asking for Title IX to be upheld and for women’s equal opportunity to be upheld,” she added.
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Supreme Court justices are hearing appeals from Idaho and West Virginia after lower courts struck down state laws affecting those students from the elementary to college level. One of the equal protection challenges comes from Lindsay Hecox, a 24-year-old senior at Boise State University who wanted to compete on both NCAA-level and club sports teams for women.
In West Virginia, now 15-year-old Becky Pepper-Jackson seeks to play on girls’ teams at her public middle and now high schools. She has identified as female since third grade and has been taking puberty-blocking medication. Although she is officially listed in court as B.P.J., her mother and ACLU lawyers have publicly identified her by Becky’s full name.
Last year, Pepper-Jackson qualified for the West Virginia girls’ state track meet, finishing third in discus and eighth in shot put in the Class AAA division.
Pepper-Jackson is represented by the ACLU, the ACLU of West Virginia, Lambda Legal and Cooley LLP.
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Sey said about the case, “One of the arguments being made in the B.P.J. case is that this girl — that’s a boy — just wants to have fun on her team with all the other girls. Well, you know what? It’s insulting.”
“All those other girls are working really hard, and B.P.J. is a boy and comes in and becomes one of the top ranking shot putters in that age bracket without even trying because he’s a boy,” she added.
Idaho and West Virginia are among nearly 30 states with laws preventing transgender students who identify as female from competing on girls’ sports teams sponsored by public schools and colleges.
If the Supreme Court rules in favor of these transgender athletes, Sey told Fox News Digital, “It would mean any male that claims to be a female in any state could enter women’s sport and spaces.”
The justices will examine whether the landmark federal law Title IX — which forbids sex discrimination in education — applies to these inclusion cases.
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Idaho in 2020 became the first state to pass such restrictions under the Fairness in Women’s Sports Act. West Virginia followed a year later with the Save Women’s Sports Act. In 2023, the justices temporarily blocked West Virginia from enforcing its ban while litigation continued.
Sey predicted the Supreme Court will ultimately rule in favor of the states that have enacted protections for girls’ sports.
“Basically, what the decision I think will be is that it’s constitutional to uphold these laws protecting women’s sports,” she said. “It doesn’t mean states have to do it. So states that prioritize gender identity over sex that allow boys to compete in girls’ sports, they can continue doing it.”
Sey said that regardless of the outcome, the fight will continue — and she hopes to see legislative action.
“We would still have a fight on our hands, even if we win these cases,” she told Fox News Digital. “We won’t be done yet. We need to change the culture.”
“I would like to see federal legislation that basically reifies and upholds Title IX,” Sey said. “The intent of Title IX was always about protecting women’s sex-based rights. In fact, it says it in the 37 words of the law. It was never intended to replace sex with gender identity, but that’s what the activists argue now.”
“I find it really insulting to all these other girls who are giving up social activities and training really hard to get better,” she added. “And [B.P.J.] can just waltz in there and be one of the best without even trying and, oh, it’s just for fun. That’s not what it is.”
Both sides in the legal dispute have accused the other of spreading false and misleading facts, terminology and narratives about enforcement of the state laws, and the stakes for both transgender and cisgender athletes.
The Supreme Court agreed in July to hear separate appeals from both states and is expected to issue final rulings by late June.
The ACLU, which is helping represent Pepper-Jackson and Hecox, told the court that many states, athletic organizations and governing bodies have successfully balanced inclusion and access to play without any problem.
“I play for my school for the same reason other kids on my track team do — to make friends, have fun, and challenge myself through practice and teamwork,” Pepper-Jackson said in a statement provided by the ACLU. “And all I’ve ever wanted was the same opportunities as my peers. Instead, I’ve had my rights and my life debated by politicians who’ve never even met me but want to stop me from playing sports with my friends.”
Hecox, now a senior at Boise State University, has asked the high court to dismiss her case, citing fears of further harassment as she prepares to graduate this spring. She says she will no longer compete in women’s sports in Idaho, but the justices will determine whether the case is moot after oral arguments.
The two high court cases are Little v. Hecox (24-38) from Idaho and West Virginia v. B.P.J. (24-83).
The attorney representing B.P.J. did not respond to Fox News Digital’s request for comment.
Fox News’ Shannon Bream and Bill Mears contributed to this report.
