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South Dakota AG Marty Jackley Praises U.S. Supreme Court Ruling on Female Sports and Title IX

Girls playing volleyball indoors, one spikes at the net as others block; Northeast Radio SD and South Dakota seal above.

Northeast Radio SD News – South Dakota - South Dakota Attorney General Marty Jackley is commending the U.S. Supreme Court’s June 30 decision affirming that states may restrict participation in female sports to biological females under Title IX and the Equal Protection Clause.


The ruling, delivered in West Virginia v. B.P.J. and Idaho v. Hecox, upheld state laws defining eligibility for women’s and girls’ athletic teams based on biological sex. Writing for the majority, Justice Brett Kavanaugh stated that Title IX “permits schools to maintain women’s and girls’ sports for biological females,” emphasizing that the term “sex” in the statute refers to biological sex and not gender identity.


Attorney General Jackley said the decision reinforces South Dakota’s position on protecting fairness and safety in women’s athletics.


“This ruling protects our female athletes,” Jackley said. “South Dakota has been a leader in recognizing women play women sports, and the U.S. Supreme Court upholds that legislation.”

Jackley had joined briefs supporting the states of West Virginia and Idaho in their defense of laws limiting female sports participation to biological females. Both cases were consolidated in the Supreme Court’s decision.

South Dakota law already prohibits transgender girls and women from competing on female school athletic teams, requiring students to participate on teams corresponding to their sex assigned at birth.


The Supreme Court’s opinion, filed June 30, 2026, concluded that such state laws are consistent with Title IX and constitutional protections. The Court found that sex‑based classifications in athletics are “substantially related” to important government interests in safety and competitive fairness.


The full decision is available at the U.S. Supreme Court website: https://www.supremecourt.gov/opinions/25pdf/24-43_2b35.pdf.


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