WASHINGTON, D.C. — Today, the United States Supreme Court is confronted with the question: are women’s sports legal, or will the lie prevail that Americans can ignore the reality of sex?

In oral arguments for two landmark women’s sports cases—West Virginia v. B.P.J and Little v. Hecox—the Court heard arguments that will determine whether states can protect the existence of women’s sports by reserving female athletic competition for female athletes only. 

Broadly, what’s at stake is whether the Court will recognize biological sex as a meaningful legal category or whether “woman” will be reduced to a subjective identity that men can co-opt—effectively stripping women of sex-based rights, protections, and opportunities across American life.

Independent Women, which filed amicus briefs in both cases in support of states protecting women’s sports, was at the U.S. Supreme Court today with a clear message: Protect Her Legacy. 

Buttons distributed by Independent Women outside of the Supreme Court. 

“These cases are about more than women’s sports,” said May Mailman, director of Independent Women’s Law Center. “They are about whether we as a society accept the obvious lie that a man can simply deem himself a woman, and claim a Constitutional right to women’s opportunities.”

“A society that lives by lies is not durable, and while I trust the Supreme Court will come to the right outcome, the language they use in any ultimate opinion—calling males ‘men’ and not ‘transgender women’—will be equally important,” Mailman added.

During arguments, Justice Samuel Alito asked, “How can a court determine whether there is discrimination on the basis of sex without knowing what sex means for equal protection purposes?”

Long before the women’s sports issue dominated headlines, Independent Women recognized that women would be the predictable casualties as bureaucrats and ideological activists began conflating “sex” with “gender identity” and allowing men to assert themselves into women’s spaces. In response, Independent Women became the original architect of model legislation defining sex-based terms—including “woman” and “man”—to preserve objective reality in law and protect women from erasure. 

Independent Women’s Law Center Director May Mailman speaking outside the Supreme Court. 

Last year, on day one of this term, President Trump issued a historic executive order, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” to provide federal definitions. Currently, 18 states have also incorporated Independent Women’s sex-definitions model into their laws.

These cases now present the Supreme Court with a historic opportunity to restore clarity and fairness to law.

Independent Women’s Law Center’s briefs document the real-world harms suffered by women forced to compete against men and provide the Court with the most recent data and statistics demonstrating the physical differentiations and unfair competitive advantage enjoyed by males compared to females.

Beth Parlato, senior legal counsel for Independent Women’s Law Center, said, “The law has always understood that equal opportunity sometimes requires clear, sex-based distinctions. Title IX did not guarantee women the right to compete against just anyone. It guaranteed women the right to compete against other women specifically. That distinction is the foundation of women’s sports. When courts are asked to redefine sex in ways that erase that line, they undermine the very protections Title IX was designed to provide. I remain optimistic that the Supreme Court will ultimately reaffirm that protecting female sports and spaces is both lawful and essential to women’s equality.”

Since 2017, Independent Women has amplified the voices of women paying the price for policies that reject biological reality—women injured by male competitors, pushed out of opportunities reserved for women, and forced to surrender their privacy and dignity in spaces designed for their safety. These stories expose why this moment matters far beyond sports: the erosion of women-only spaces, from locker rooms and prisons to shelters, scholarships, and every place women rely on clear boundaries.

Payton McNabb, Independent Women sports ambassador, said, “We have fought tirelessly for years for this moment. We have driven real progress in the states, across the administration, and in Congress to protect women and girls. Now, the Supreme Court has a responsibility to uphold fairness and safety in sports by protecting female athletes. Women deserve female-only spaces, and no girl should have to sacrifice her dreams or her body because adults refuse to draw clear boundaries. We are hopeful we will have a broad and favorable ruling in June. We must protect women’s legacy.” Watch Payton McNabb’s story here.

Amie Ichikawa, Independent Women ambassador, former inmate, and founder of Woman II Woman, a support group for incarcerated women, said, “Women’s spaces exist for a reason. When those boundaries are erased, women pay the price. Whether it’s in sports, prisons, or other vulnerable settings, ignoring biological reality has consequences. The Supreme Court has the opportunity to affirm what it means to be a woman, that women’s rights are not negotiable, and that sex-based protections still matter.” Watch Amie Ichikawa’s story here.

“If the Supreme Court can’t define ‘woman,’ then women have no rights left to defend,” added McNabb.

From Left to Right: Payton McNabb, May Mailman, Beth Parlato, Brianna Howard, Amie Ichikawa

Independent Women’s Stand With Women Legislative Options were developed for moments like this—to preserve the legal existence of women as distinct from men. 

In March 2025, Independent Women’s Voice CEO Heather R. Higgins joined West Virginia Governor Patrick Morrisey for a ceremonial signing of Stand With Women legislation.

Last year, Independent Women released the third edition of Competition: Title IX, Male Athletes, and the Threat to Women’s Sports, presenting scientific evidence and additional examples of female athletes from around the world that demonstrate just how dangerous and unfair it is to allow men in women’s sports. The report was heavily cited in amicus briefs filed in both cases now before the U.S. Supreme Court.

The question before the Court is simple—and unavoidable: what is a woman? If the law cannot define “woman,” it cannot protect women at all.

A Court’s ruling is expected in late June. 

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