Democrats plead with Supreme Court to favor transgender athletes in landmark cases

By Jerry McConway, 
updated on November 19, 2025

There are two major cases about to go before the U.S. Supreme Court that will dramatically impact the right of biological males to compete in women’s sports in the future, one way or the other.

The cases are Little v. Hecox and West Virginia v. B.P.J.

More than 100 Democrats are now making their plea to the Supreme Court, writing an amicus brief and begging the court to rule in favor of the transgender athletes.

Little v. Hecox

This case centers around Lindsay Hecox, a student at Boise State University in Idaho, a biological male, who wanted to compete in women’s sports.

Hecox wanted to join the women’s cross-country team, but was prevented from doing so due to the Fairness in Women’s Sport Act, which was passed in the state in 2020.

Hecox and a “Jane Doe” athlete claimed that the legislation violated their constitutional rights, specifically the Equal Protection Clause of the Fourteenth Amendment.

The pair won a lower court ruling, which blocked the legislation, but it is now going before the Supreme Court for consideration.

West Virginia v. B.P.J.

B.P.J. is a biological male who has identified as female since the third grade, having been on medication, including puberty blockers and estrogen.

In 2021, West Virginia, like many states, enacted legislation to stop biological males from competing in women’s sports. The legislation is the Save Women’s Sports Act.

This legislation, among other things, prevents individuals who were identified as male at birth from competing in women’s sports regardless of how they identify.

As a result of the legislation, B.P.J. was no longer able to compete on the girls’ cross-country and track team.

Begging the Court

A group of nine Senate Democrats and 121 House Democrats just penned an amicus brief regarding the two cases above, asking the Supreme Court to allow biological males to compete in women’s sports.

Among the key signatories to the brief are House Minority Leader Hakeem Jeffries (D-NY), Reps. Alexandria Ocasio-Cortez (D-NY), Ilhan Omar (D-MN), and Nancy Pelosi (D-CA), and Sen. Mazie Hirono (D-HI). Notably, Sens. Chuck Schumer (D-NY) and John Fetterman (D-PA) did not sign the filing.

In part, the brief states, "Categorical bans -- such as the bans in West Virginia and Idaho -- undermine those protections and the ability of transgender students to be part of their school community." Hirono added, “These bans are blatant discrimination, and the Court should say so."

This is hardly discrimination. This is just common sense. For the safety and fairness of the sport, you cannot have biological men competing against women, especially in combat and contact sports. Let’s just hope the Supreme Court sees it the same way, and I think it will.

About Jerry McConway

Jerry McConway is the Senior Editorial Director at American Digest Media, as well as the featured columnist on Real Talk Digest. He has been covering politics for more than a decade. His no-nonsense writing style makes him enemy number one in DC. His mission is to tell the truth to readers, good or bad, something the mainstream media has failed to do for decades. What sets Jerry apart from his competition is reader loyalty. They don't always agree with him, but they know he tells them the truth. Love him or hate him, you can't ignore him.

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