The Supreme Court handed down a 6-3 ruling affirming that states can bar biological males from competing in women's school sports without violating the Constitution or Title IX. Twenty-seven states already have such laws on the books. But in the 23 states that don't, Fox News Digital reached out to every governor's office to ask where they stand, and the silence was deafening.
Of those 23 offices, only four responded. The other 19, including governors in New York, Michigan, Washington, Pennsylvania, and New Jersey, declined to say a word.
That silence tells its own story. The Supreme Court has now made clear that protecting girls' sports is constitutionally permissible. The question for these holdout states is no longer legal. It's political. And most of the governors who preside over policies allowing biological males onto girls' teams would rather not answer for it.
Justice Brett Kavanaugh authored the majority opinion, which upheld state laws in West Virginia and Idaho. The ruling was unanimous on the Title IX question and split 6-3 on the Equal Protection Clause. National Review reported that Kavanaugh wrote the term "sex" in Title IX refers to biological sex, not gender identity, particularly in the context of sports.
Kavanaugh was direct. "The Constitution and Title IX do not require an overhaul of women's and girls' sports throughout America," the majority opinion stated, as Breitbart reported. The Court held that states "may determine eligibility for women's and girls' sports based on biological sex."
The ruling also explicitly rejected the argument that the 2020 Bostock v. Clayton County precedent, which extended Title VII workplace protections to cover gender identity, should apply to school athletics under Title IX. As Just The News noted, Kavanaugh wrote that the Bostock precedent is "not relevant in this very different statutory and factual context of sports."
That distinction matters. For years, advocates of transgender athlete inclusion leaned on Bostock as their legal foundation. The Court pulled it out from under them.
California Governor Gavin Newsom's office issued a statement insisting the ruling "does not affect California's laws" and that the state "remains committed to ensuring every Californian, including the LGBTQ community, is met with dignity and respect." A source within Newsom's office provided a bulleted list of the governor's record on transgender rights, including appointing "multiple trans judges" and "making it easier to update gender markers on official documents."
California's law, AB 1266, was signed by then-Governor Jerry Brown in 2013. It explicitly protects the rights of transgender students to participate in school athletic teams consistent with their gender identity. The law has been in effect for over a decade, and its consequences have drawn national attention. Transgender athlete AB Hernandez won a pair of girls' state championships in 2025 and followed up with back-to-back titles in 2026. The Trump administration's Department of Justice is now suing California over its transgender athlete policies.
Illinois Governor JB Pritzker responded by pointing Fox News Digital to a post on X. "Going after LGBTQ+ kids isn't leadership, it's bullying," Pritzker wrote. "Today's decision is a setback for equality in this nation where every student deserves to learn and belong, no matter their gender."
Pritzker's framing is worth examining. The Supreme Court ruled that states may protect athletic competition for biological females. Pritzker characterized that as "going after" children. The Illinois High School Association maintains a formal policy requiring transgender students to submit documentation to compete in accordance with their gender identity, a policy Pritzker apparently intends to keep.
Hawaii's Department of Education offered a measured response, stating the state "will continue to implement its athletics policies in accordance with state law" and that the Supreme Court's decision "does not change our current policies or practices." Hawaii's participation policy rests on broader state anti-discrimination statutes. Governor Josh Green's office deferred entirely to the education department.
The most consequential response came from Nevada's Republican Governor Joe Lombardo, who used the ruling as a springboard. "Today's decision by the United States Supreme Court provides important legal clarity and affirms that states have the authority to protect fair competition in girls' sports," Lombardo told Fox News Digital.
"Nevadans overwhelmingly believe that female athletes deserve a level playing field and the opportunity to compete against other biological females."
Lombardo went further. He announced his intention to ask the Nevada Legislature to address the issue during the 2027 legislative session, calling the ruling an "opportunity for the Legislature to provide a permanent, common-sense solution that reflects both the law and the will of Nevada voters." He urged "lawmakers from both parties to come together and finally settle this issue."
Lombardo stands as the lone governor among the 23 who responded with a concrete plan to act. His position also highlights a practical problem: Nevada's legislature meets only every two years, meaning the earliest legislative fix is still a session away.
The list of non-respondents reads like a who's who of blue-state leadership. Governors Tim Walz of Minnesota, Gretchen Whitmer of Michigan, Kathy Hochul of New York, Maura Healey of Massachusetts, Josh Shapiro of Pennsylvania, Bob Ferguson of Washington, and Jared Polis of Colorado all declined to comment.
So did Janet Mills of Maine, Ned Lamont of Connecticut, Matt Meyer of Delaware, Wes Moore of Maryland, Mikie Sherrill of New Jersey, Michelle Lujan Grisham of New Mexico, Tina Kotek of Oregon, Dan McKee of Rhode Island, Phil Scott of Vermont, Tony Evers of Wisconsin, Mike Dunleavy of Alaska, and Abigail Spanberger of Virginia.
Some of these silences carry particular weight. Walz, who has called the Court's girls' sports ruling "cruel," leads a state where the Minnesota State High School League allows transgender athletes to compete on a case-by-case basis. In 2025, a transgender pitcher led a girls' softball team to a state championship. The Trump DOJ is now suing Minnesota over its policies.
Maine is also facing a DOJ lawsuit. Governor Mills had what Fox News Digital described as "an infamous White House spat" with President Trump over the issue in early 2025. Her office said nothing after the ruling.
Wisconsin's Tony Evers has actively vetoed attempts to codify girls' sports protections in state law, yet his office offered no comment after the Supreme Court validated exactly the kind of legislation he blocked. The Wisconsin Interscholastic Athletic Association, however, moved on its own in February 2025, updating its eligibility policy to mandate that only students designated female at birth may participate in girls' competitions.
The ruling does not force any state to ban biological males from girls' sports. As the New York Post reported, the decision creates a state-by-state patchwork rather than a nationwide mandate. Kavanaugh's majority opinion deferred policy decisions to individual states and the democratic process.
But the legal and political landscape has shifted. Mark Trammell, CEO of the Center for American Liberty, told Just The News: "The notion that Title IX would require states to include men in women's sports has been dispelled. States should feel clearheaded protecting women's sports knowing the law is on their side."
Several states are already adjusting without new legislation. Pennsylvania's Interscholastic Athletic Association removed its inclusive transgender policy in early 2025, amending its rules to reference biological sex rather than gender identity to comply with federal executive orders regarding Title IX funding. Alaska's School Activities Association voted in 2023 to bar transgender girls from competing in high school girls' sports at the request of the state's board of education.
Virginia presents a unique case. Former Governor Glenn Youngkin's administration issued Department of Education model policies in 2023 requiring students to participate in sports based on their biological sex at birth. But enforcement falls to individual school districts, and no legislative ban exists. Current Governor Abigail Spanberger's office did not respond to Fox News Digital's inquiry.
Colorado voters will get their say directly. A November 2026 ballot measure could mandate teams based on biological sex, a question the Supreme Court's ruling season has now given added momentum.
Across these 23 states, the policies vary in detail but share a common thread: they allow biological males to compete against girls. New Jersey's athletic association doesn't even require medical documentation. Connecticut's allows transgender participation "without restrictions." New York relies on the Gender Expression Non-Discrimination Act to let students play on teams matching their gender identity.
In state after state, the policy apparatus, athletic associations, anti-discrimination statutes, executive guidance, functions to keep biological males on girls' teams even after the nation's highest court said states don't have to do that. The real-world consequences for female athletes have been well documented.
The DOJ lawsuits against California, Minnesota, and Maine add federal pressure. But in most of these states, the path to change runs through governors and legislatures that show no interest in acting, and, when asked directly, won't even explain why.
Nineteen governors were given a simple question after a landmark ruling. They chose to say nothing. That's not leadership. That's a tell.
