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Jun 30, 2026

SCOTUS delivers a win for common sense with ruling on women’s sports — but activists say the war isn’t over

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Kirsten Fleming

Opinion

SCOTUS delivers a win for common sense with ruling on women’s sports — but activists say the war isn’t over

By Kirsten Fleming Published June 30, 2026, 7:28 p.m. ET

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The Supreme Court just handed down a huge win for biological truth and common sense.

In a 6-3 opinion Tuesday, the court upheld state bans on biological males playing in female sports, ruling against challenges in West Virginia and in Idaho.

And for many athletes turned activists, including former college swimmers Riley Gaines and Paula Scanlan and retired pro soccer player Elizabeth Eddy, it feels like a sweet victory.

“I’m so thankful,” Eddy told me.

Supreme Court Justices Elena Kagan, Brett Kavanaugh, and Amy Coney Barrett attend the State of the Union address. 5
Justice Brett Kavanaugh wrote the Supreme Court majority’s decision upholding the bans. CQ-Roll Call, Inc via Getty Images

They all used the same word: “vindicated.” But, they acknowledge, there’s still more to be done. The game is still being played.

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“This ruling just means that having a sports category solely for women isn’t unconstitutional. It doesn’t mean that states have to make the women’s category exclusive to real women. It just means it’s not illegal if they do so,” Gaines said.

There are currently 27 states that have banned biological males from women’s sports.

Lia Thomas holding a trophy after finishing fifth, with Riley Gaines looking on. 5
Riley Gaines (right) and Lia Thomas tied for fifth in the 200 free at the 2022 NCAA tournament. USA TODAY Sports

Tuesday’s decision is another bulwark against the regressive argument that men can simply choose to be female, take some hormones and be granted a key to women’s spaces and competition.

It’s also a rebuke of the far left progressives’ notion that this presents no safety issue or physical disadvantage for girls.

But let’s remember how far we’ve come since this illiberal and oppressive fog settled down on our society.

“Go back to 2020 … when institutions, corporations, universities and governing bodies, and even courts began to pretend that reality was somehow up for debate,” said Gaines, the former University of Kentucky swimmer.

She recounted how, at her 2022 confirmation hearing, Justice Ketanji Brown Jackson, one of today’s dissenters, “couldn’t answer the question of what is a woman because she’s ‘not a biologist.'”

Indeed, this has been a hard fought battle in which advocates risked everything to stand up and say what we’ve known since the dawn of time: Men and women are biologically different, and men have a physical advantage.

Sex matters.

Becky Pepper-Jackson poses on an athletic field with a discus. 5
Becky Pepper-Jackson’s mother fought against the West Viriginia ban on trans athletes in girls’ sports, arguing that her child underwent a gender transition in the third grade and never experienced male puberty. AP

The issue came to a head in 2021 when UPenn men’s swimmer Will Thomas reintroduced himself as Lia Thomas and joined the women’s team.

His new teammates were essentially told: You will like it or else.

And If they had a problem with a 6-foot-4 biological man, his genitalia intact, having access to their locker room? Or with him being given the ability to compete — and dominate? Seek counseling, the school urged.

That social pressure and groupthink kept teammates and competitors quiet for a while. First Scanlan spoke out anonymously. Then Gaines, publicly. Not long after, Scanlan unmasked herself.

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