UN Expert Welcomes US Supreme Court Title IX Sports Decision

The Supreme Court ruled on 30 June 2026 that Title IX and the Equal Protection Clause of the Fourteenth Amendment allow schools to determine eligibility for girls' and women's sports based on biological sex.

A United Nations independent expert has welcomed the United States Supreme Court's decision confirming that schools may continue to maintain separate girls' and women's sports categories based on biological sex under Title IX.

Reem Alsalem, the UN Special Rapporteur on violence against women and girls, said the judgment recognises the importance of protecting equality, fairness and safety for women and girls in sport. She said Title IX has played a major role in expanding educational and athletic opportunities for female students since it became law in 1972, making the preservation of female sporting categories essential to protecting those achievements.

The Supreme Court ruled on 30 June 2026 that Title IX and the Equal Protection Clause of the Fourteenth Amendment allow schools to determine eligibility for girls' and women's sports based on biological sex. The Court concluded that neither Title IX nor the US Constitution requires schools to eliminate sex-based sporting categories created to ensure equal opportunities for female athletes.

Decision Highlights Fairness and Equal Opportunities

According to the Court, biological differences between males and females can affect athletic performance, making separate sporting categories necessary to promote fairness, safety and equal opportunities for women and girls. Alsalem welcomed the Court's interpretation that the term "sex" in Title IX refers to biological sex, saying this reflects the law's original purpose of addressing historical discrimination against women and girls.

The Special Rapporteur has previously raised concerns about the impact of including males in female sporting categories. In a report presented to the UN General Assembly, she argued that such policies could affect fairness, safety, dignity and equal opportunities for women and girls participating in sport.

Alsalem also took part in the Supreme Court proceedings by submitting an amicus curiae brief supporting an interpretation of Title IX that preserves women's sporting categories and protects opportunities for female athletes.

Call for Respectful Debate and Legal Clarity

Alsalem said the experiences shared by female athletes, coaches and parents during the case highlighted concerns about lost team positions, scholarships, medals and other opportunities. She added that these accounts should be taken seriously when shaping policies affecting women's sport.

She also welcomed Justice Clarence Thomas's concurring opinion, saying it reinforced the need for legal clarity regarding the definition of women and girls. In her view, maintaining clear legal categories is necessary for women and girls to receive the protections guaranteed under domestic and international human rights law.

At the same time, Alsalem expressed concern that some public commentary had misrepresented the judgment. She stressed that the ruling does not deny the dignity or humanity of transgender-identifying individuals and does not support discrimination against them. Instead, she said, it addresses whether laws designed to guarantee equal opportunities for women and girls can continue to serve that purpose.

The Special Rapporteur noted that the Court recognised the importance of treating every student-athlete with respect and said no young person should face hostility or exclusion. She called on governments, educational institutions and sporting organisations to ensure that sports policies continue to protect the rights of women and girls to equality, fairness, safety and dignity while applying the Supreme Court's decision across the United States.