The lawmakers, 121 Democrat House members and nine Democrat senators, filed an amicus brief on Monday in the Idaho case Little v. Hecox and in West Virginia v. B.P.J., which the court will hear on Jan. 13, 2026. They argue in their brief that “categorial bans are the improper tool to address participation in youth sports teams,” and that lawmakers “have an interest in protecting the privacy, safety, health, and rights of the American people, including students who are transgender and cisgender.”
“Categorical bans—such as the bans in West Virginia and Idaho—undermine those protections and the ability of transgender students to be part of their school community,” they wrote.
Sen. Mazie K. Hirono (D-HI), who helped lead her colleagues in filing the brief, claimed in a press release that the bans not only harm transgender-identifying students, but also “subjec[t] women and girls to harassment and discrimination and lea[d] to the policing of children’s bodies.”
“This contradicts the very purpose of Title IX: ending discrimination in federally-funded education programs. These bans are blatant discrimination, and the Court should say so,” she added.
The brief was signed by several far-left Democrats, such as Reps. Alexandria Ocasio-Cortez (D-NY), Ilhan Omar (D-MN), and Rashida Tlaib (D-MI), as well as House Minority Leader Hakeem Jeffries (D-NY). Notably absent from the list was Senate Minority Leader Chuck Schumer (D-NY).
The case Little v. Hecox surrounds Idaho’s Fairness in Women’s Sports Act, a law passed by the state legislature seeking to protect women’s and girls’ sports from the incursion of trans-identifying male athletes. The lawsuit was filed in 2020 by transgender-identifying athlete Lindsay Hecox, who wanted to joined the women’s cross-country team at Boise State University.
A lower court ultimately blocked the law, which is similar to more than two dozen other laws passed around the United States protecting women’s sports. Idaho is now asking the Supreme Court to answer whether laws that seek to protect women and girls’ sports by limiting participation based on sex violate the Equal Protection Clause of the Fourteenth Amendment.
In West Virginia v. B.P.J. the case surrounds a lawsuit filed by the mother of transgender-identifying student Becky Pepper-Jackson against a state law barring males from competing in female sports.
A lower court blocked the law pending appeal. Now, West Virginia is asking the High Court to answer whether Title IX prevents a state from consistently designating girls’ and boys’ sports teams based on biological sex, and whether the law violates the Equal Protection Clause of the Constitution.
In stark contrast to Democrats’ wide-spanning belief in “gender identity” over biological reality, President Donald Trump signed an executive order on the first day of his second term called “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which states: “‘Sex’ is not a synonym for and does not include the concept of ‘gender identity.”‘
“The erasure of sex in language and policy has a corrosive impact not just on women but on the validity of the entire American system. Basing Federal policy on truth is critical to scientific inquiry, public safety, morale, and trust in government itself,” the order reads.
The order continues:
This unhealthy road is paved by an ongoing and purposeful attack against the ordinary and longstanding use and understanding of biological and scientific terms, replacing the immutable biological reality of sex with an internal, fluid, and subjective sense of self unmoored from biological facts. Invalidating the true and biological category of “woman” improperly transforms laws and policies designed to protect sex-based opportunities into laws and policies that undermine them, replacing longstanding, cherished legal rights and values with an identity-based, inchoate social concept.
The order’s definition of sex extends to another executive order from President Trump called “Keeping Men Out of Women’s Sports.” The Trump administration does not interpret Title IX, which prohibits sex discrimination in any education program or activity that receives federal funding, to include “gender identity.”
The 6-3 majority conservative Supreme Court has dealt major blows this year to transgender activists pushing for sex changes for minors and LGTBQ+ propaganda in schools and more recently appeared skeptical of Colorado’s “conversion therapy” ban.
Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.
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