Response to SCOTUS proceedings on the permissibility of Title IX

January 17, 2026

We the members of the International Consortium on Female Sport (ICFS; icfs.org ) offer our reaction to the proceedings of the Supreme Court of the United States (SCOTUS) that took place on January 13, 2026.

We fully support and emphasize the argument made by petitioner’s counsel Mr. Hashim M. Mooppan:

[Title IX used] the word "sex" to mean biological sex in the reproductive biology sense. That's the ordinary meaning of the term in 1972 and 1974.  As a result, whether or not they are right that taking testosterone suppression eliminates any physical advantage doesn't matter because the regs define separation based on sex, based on biology, not based on circulating testosterone levels. So the difference that --their claim that they've eliminated the difference just doesn't matter under the language of the regs, and that's enough to resolve the case. (p. 44; https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-43_ihdj.pdf]

Testosterone suppression in males does not level the playing field and doing this to a healthy boy is unethical. It should not be encouraged by the court. No scientific evidence exists that a human male can become a human female irrespective of medical intervention. And, in any event, hormonal mitigation is a moot point.

It is unfortunate that deliberations focusing intensely upon the desires and claims of boys-with-special-identity render invisible the plight of thousands of girls in sports. An absence of concern for the girls was apparent throughout the SCOTUS discourse. Data collection undertaken by sites like shewon.org and hecheats.org demonstrate repeatedly that every boy who self-identifies into the female sports category causes a negative ripple effect that impacts hundreds of girls. Ultimately, this debate is not about equal treatment of one or two special boys. It is about the entire cohort of female athletes and their right to participate in safe and fair sports in the same manner as enjoyed by boys and men.

As SCOTUS now considers a ruling in these Title IX cases, the ICFS urges these justices to focus upon the plight of female athletes and upon their right to fair and safe sports. Argumentation made by those seeking to find legal passage for a special (undefined) class boys and men in a way that will overtly discriminate against female athletes offered nothing more than diversions, misinformation and faulty use of language. [Repeated usage of the term “cis girl” by both justices and lawyers was insulting!].

A ruling against the ability of states to apply appropriate sex-based eligibility under Title IX will destroy sports for both girls and boys.

Such a ruling would undermine the entire endeavor. The vast, unacknowledged network under-pinning sports will descend into despondency as described in the book UNSPORTING (https://www.unsporting.com/ ). Children will be confused, girls will self-exclude, coaches will shy away, officials will find other hobbies, competition volunteers will wonder why it’s worth it and parents will transport their children to alternative programs.

The physical vibrancy of American youth is at stake. Even more seriously, public trust of an entire generation will falter, knowing that even top judges of the land can be dissuaded from affirming fact-based reality.

Biological sex is real and immutable. Every child in America is born either male or female. A sports category exists for each. There is no “special child” who falls outside this binary reality. We urge the court to rule in support of Title IX as it was originally intended.

Response to SCOTUS proceedings on the permissibility of Title IX