FOR IMMEDIATE RELEASE
September 19, 2025
Contact:
Janessa Tolman (Risch)
Melanie Lawhorn (Crapo)
Lexi Hamel (Simpson)
Christianné Allen (Fulcher)
WASHINGTON – U.S. Senators Jim Risch and Mike Crapo and Representatives Mike Simpson and Russ Fulcher (all R-Idaho) 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.
“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.”
“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.”
“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.
Risch, Crapo, Simpson, and Fulcher were joined by U.S. Senators 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.), 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.) in filing the brief.
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.
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The Gem State Chronicle brings you news and analysis that empowers you to make positive change in Idaho. Established 2022.
