The U.S. Supreme Court heard arguments this week in two pivotal cases involving state laws that prohibit males, including those identifying as transgender, from competing in girls’ sports. The legal challenge targets legislation in Idaho and West Virginia aimed at protecting female athletic competition. With the justices poised to weigh in by summer, conservative leaders are expressing strong optimism for a legal victory that could affirm the biological basis of sex in sports.
Terry Schilling, president of the American Principles Project (APP), said in a Breitbart News interview that the American Civil Liberties Union (ACLU), which is representing the transgender athletes, struggled in court. Schilling said the ACLU’s case hinges on claims of sex-based discrimination under the 14th Amendment, yet the group refuses to define what sex actually is — a central flaw in its argument.
According to Schilling, Title IX was created to protect women’s opportunities in education and sports, and allowing biological males into female leagues undercuts that law. He stated, “It’s very tough for the ACLU to argue that this is sex discrimination because they refuse to define sex.” Schilling added that the transgender legal argument collapses when challenged on biological definitions, as it relies on gender identity alone.
Schilling called gender ideology “baloney,” emphasizing the fundamental and complementary differences between men and women. He argued that protecting women’s sports is not only about fairness but also reflects deep-rooted truths about human biology and family structure.
The Supreme Court has recently taken a more restrained view of transgender activism. In prior rulings, the justices upheld state-level bans on child sex changes and ruled in favor of parental rights regarding LGBTQ+ content in schools. The court also expressed skepticism toward so-called “conversion therapy” bans. These trends have strengthened conservative expectations for a favorable ruling on biological sex in sports.
Schilling predicted the court will uphold the state laws and set the stage for broader protections. “We’re going to win. I’m very optimistic,” he said. He noted that a national law safeguarding girls’ sports is the next step, ensuring red-state protections apply nationwide, including in Democrat-led states.
He also argued the political ramifications are significant. Polling consistently shows most Americans oppose biological males in girls’ sports. Schilling said Democrats are increasingly vulnerable on the issue heading into the midterms, especially as they continue to push radical gender policies.
Republicans, he said, should keep the issue front and center. “They want to trans your kids,” Schilling stated bluntly, urging conservatives to hammer Democrats for prioritizing gender ideology over economics, foreign policy, and national security. He argued this strategy was central to President Donald Trump’s success in 2024 and should remain a top issue moving forward.
