Alabama Attorney General Defends State Authority to Protect Girls’ Sports Before U.S. Supreme Court

T.L. Sullivan | The Weekly Ledger News | State News

MONTGOMERY, Ala. — Alabama Attorney General Steve Marshall says states presented a compelling case before the U.S. Supreme Court this week defending their authority to enforce laws aimed at protecting fairness in girls’ sports.

Marshall issued a statement following oral arguments in Little v. Hecox and West Virginia v. B.P.J., two cases challenging state laws that restrict participation in girls’ athletic programs to biological females. Marshall played a leading role in the cases, co-authoring amicus briefs urging the nation’s highest court to uphold states’ rights to regulate athletic competition in accordance with biological sex.

“These cases turn on a basic principle,” Marshall said. “States have the authority and the responsibility to protect fairness and equal opportunity in girls’ sports, and that authority must be upheld.”

Marshall argued that Title IX, the federal law prohibiting sex-based discrimination in education, was designed to level the playing field for female athletes — not undermine it. He emphasized that the issue, in his view, is not about exclusion but about preserving competitive integrity and safeguarding opportunities created for women and girls.

“Title IX was designed to eliminate competitive disadvantages for female athletes, not to force them back into unequal playing fields,” Marshall said. “This is not about exclusion. It is about defending the integrity of female athletics and the opportunities they provide.”

In 2023, the Alabama Legislature passed legislation classifying sports teams at public schools — including colleges and universities — based on biological sex rather than gender identity. The law aligns Alabama with a growing number of states that have enacted similar measures.

In September 2025, Marshall co-led a 28-state coalition filing a brief in support of state authority in the cases now before the Supreme Court. His office has also played a key role in legal challenges against the Biden administration’s efforts to expand Title IX regulations.

During President Biden’s tenure, Marshall successfully challenged proposed federal rules that would have allowed biological males access to female-only spaces, including sports teams, locker rooms, and bathrooms, according to his office.

Marshall expressed confidence in the legal arguments presented to the Court, citing what he described as strong legal precedent, scientific evidence, and public support.

“The law, the science, and the American public are on our side,” Marshall said. “We are confident the Court will be as well.”

The Supreme Court’s eventual rulings in the cases could have sweeping implications for school athletics nationwide, shaping how states balance federal law, competitive fairness, and participation policies in youth and collegiate sports.

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