Hutchinson Black and Cook attorneys Ashlyn Hare, Clarice Tenorio, and Lucy Walker are proud to serve as co-counsel with Public Counsel and Zalkind Duncan & Bernstein, LLP on an amicus brief filed on behalf of leading women’s and girls’ advocacy organizations in two cases currently before the United States Supreme Court: Little v. Hecox and West Virginia v. B.P.J. These cases address laws that exclude transgender athletes from participating on girls’ and women’s sports teams.
Our brief explains how trans-exclusionary laws ultimately harm all women and girls, regardless of their gender alignment, by reinforcing harmful sex stereotypes and encouraging invasive and coercive sex verification practices on vulnerable youth. As the brief explains, laws like Idaho’s H.B. 500 and West Virginia’s H.B. 3293 perpetuate a long and fraught history of sports organizations policing women and girls’ bodies. These statutes require schools to divide teams by “biological sex” and permit anyone to dispute a student’s sex, which in turn encourages schools to adopt invasive and coercive sex verification procedures. Such measures threaten the privacy and dignity of girls and women and risk deterring participation in sports—contrary to the aims of Title IX.
“Since 1972, Title IX has pioneered inclusivity in all programs and activities offered by educational institutions. It recognizes the physical, mental, and social value that school sports provide to women and girls of all backgrounds. Laws like Idaho’s and West Virginia’s weaponize Title IX as a tool of exclusion and discrimination—to the detriment of everyone.” – Ashlyn Hare, HBC Title IX and Sports Law Attorney
For decades, Hutchinson Black and Cook has championed gender equity and fought to uphold the protections guaranteed by Title IX. Our attorneys have long advocated for women’s equal access to educational and athletic opportunities. This work reflects our commitment to ensuring that school sports remain spaces for healthy competition, growth, and learning—not sites of fear, suppression, and harassment.
Read the full amicus brief.