Male Athletes Dismiss Lawsuit Challenging New Hampshire Women’s Sports Law

A pair of male athletes have dropped their lawsuit against New Hampshire’s Save Women’s Sports law and two of President Trump’s executive orders (EOs) protecting girls sports, following a blockbuster decision by the U.S. Supreme Court.

The Court, in a 6-3 decision on June 29, upheld West Virginia and Idaho’s laws protecting girls and women from having to compete against “transgender”-identified males in sports.

The Court ruled that “sex” in Title IX, a federal law prohibiting sex-based discrimination in education programs, “cannot plausibly be interpreted to refer to anything other than biological sex.” The Supreme Court held,

The decision has far-reaching implications, sustaining laws or regulations in 27 states safeguarding girls and women’s athletic opportunities. It impacts other lawsuits challenging protections for girls sports – including one in the Granite State.

In 2024, New Hampshire Gov. Chris Sununu signed the Save Women’s Sports bill (HB 1205) into law, requiring any interscholastic, intercollegiate, intramural or club athletic team or sport sponsored by a school be separated based on sex.

The state’s law was, in part, a response to New Hampshire athlete CeCe Telfer, who became the first male to win an NCAA women’s title, placing first in the 400-meter hurdles final in 2019.

“HB 1205 ensures fairness and safety in women’s sports by maintaining integrity and competitive balance in athletic competitions,” Gov. Sununu said at the time.

In August 2024, two other male athletes filed a lawsuit in the U.S. District Court for the District of New Hampshire, challenging HB 1205 for violating their “constitutional right to Equal Protection” and Title IX by banning them from competing against girls.

Subsequently, the male athletes expanded their lawsuit and challenged two executive orders signed by President Trump, “Keeping Men Out of Women’s Sports” and “Defending Women from Gender Ideology and Restoring Biological Truth to the Federal Government.”

Now, they’ve dismissed the lawsuit entirely, following the Supreme Court’s June 29 ruling.

“Women and girls deserve privacy, safety, and equal opportunities,” said Alliance Defending Freedom (ADF) Senior Counsel and Vice President of Litigation Strategy Jonathan Scruggs. “That can’t happen when males are competing in women’s sports, taking spots on women’s athletic teams, and winning women’s championships.”

ADF, representing Female Athletes United, which has members in New Hampshire and other states who have lost to male athletes, intervened in the lawsuit to defend New Hampshire’s law and the EOs.

Scruggs added,

The EOs protect women’s sports and spaces across the country by cutting off funding for educational institutions and athletic associations that “deny female students an equal opportunity to participate in sports and athletic events” by requiring them to compete against males.

The Trump administration has been actively investigating and filing lawsuits against blue states for failing to protect female athletes, launching investigations into Minnesota, California and Illinois for violating Title IX by allowing males to compete against females.

These actions are crucially important. While the Supreme Court concluded Title IX permits states to protect girls sports, it left open the question of whether Title IX requires states to have separate sports teams based on sex.

So, female athletes in 27 states are protected from competing against males. Girls and women in the 23 remaining states without such laws on the books are left vulnerable.

The Trump administration is hoping to use the EOs, which properly interpret Title IX, to ensure all girls and women nationwide are protected from transgender-identified males attempting to compete in their sports.

It’s likely a lawsuit to determine whether Title IX requires all states to protect girls sports will eventually make its way up to our nation’s highest Court.

For now, states like New Hampshire are free to defend girls and women on their own.

All girls and women deserve to be able to dream, hope, train and compete in sports without unwanted intrusion from male athletes.

We’re grateful the Supreme Court has allowed states like New Hampshire to defend female athletes. Now, we hope and pray girls and women in all states will soon be granted the same protections.

The case is Tirrell v. Edelblut.

Related articles and resources:

Blockbuster Supreme Court Ruling: Girls Sports Are for Girls

New Hampshire Enacts ‘Help Not Harm’ and ‘Save Women’s Sports’ Bills

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