Inside the SCOTUS hearing bound to be a turning point in the culture war over trans athletes in women’s sports

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WASHINGTON –Trained military snipers stood on the roof of theU.S.Supreme CourtTuesday standing guard over a verbal battle between an alliance of women donning shirts that read XX-XY, against a hoard of pink, white and blue-painted activists, some wearing costumes, and some barely wearing anything.

At one point, the convergence descended into harrowing cries of “Stop cutting off the breasts!” while the other side tried to drown it out with a blunt and repetitive chant of “Trans!Trans!Trans!”

Transgender in sports hearing at Supreme court

Protesters gather outside the Supreme Court as it hears arguments over state laws barring transgender girls and women from playing on school athletic teams, Tuesday, Jan.13, 2026, in Washington.(Jose Luis Magana/AP)

But inside the court chambers, one side was constantly in full retreat.

should not be defined.

“I really urge the court not to do it on the definition of sex argument,” Block said, later adding.“I don’t think the purpose of Title IX is to have an accurate definition of sex.I think the purpose is to make sure that sex isn’t being used to discriminate by denying opportunities.”

But after grilling from Chief Justice John Roberts, who insisted sex “must mean something,” Block conceded that sex should be defined by biology for the sake of this case, but this case only.

“I think for this case, you can accept, for the sake of this case, that we’re talking about what they’ve termed to be biological sex,” he said.

�sex” is, and he declined to give a definition.

“I don’t think that’s what, that’s what’s at issue in this case.What’s at issue in this case is fair treatment for all people, including cis people and trans people, and that’s what we’re hear to talk about to today,” Block answered.

Unlike the ADF, Idaho and West Virginia attorneys who stood in the courtyard of the Supreme Court and took multiple questions from reporters, and even kept offering questions when the press had nothing left to ask, Block and his ACLU colleagues only answered the singular question about defining sex after offering preprepared statements.

Hartnett, whose previous claim to fame was helping a San Francisco man get a second-degree murder conviction vacated, said she was “proud” of her legal team’s efforts on Tuesday.

“I was particularly proud here today to be able that the court understood the serious discrimination the transgender community has faced,” Hartnett said.

Just then, Lambda Legal CEO Kevin Jennings, who has co-counseled both cases, jumped in to loudly declare theWest Virginia trans athlete“an American hero!”

“Because she stood up for millions of other kids today and said ‘we belong, we matter, we are equal!’” Jennings shouted.

Jennings’ hesitation-less declaration of the West Virginia teen a hero came amid the backdrop of sexual harassment allegations that were leveled against the athlete prior to the hearing by former teammate Adaleia Cross.

“Our client and her mother deny these allegations, and the school district investigated the allegations reported to the school by A.C.and found them to be unsubstantiated.We remain committed to defending the rights of all students under Title IX, including the right to a safe and inclusive learning environment free from harassment and discrimination,” the statement read.

The trans athlete then denied the allegations toThe New York Timesin a story that was published Monday, saying “I was not raised like that.”

Still, West Virginia Attorney General John McCuskeyacknowledged the allegationsat a press conference just one day before the hearing on Monday.

“Any time you think of a child being harassed, it gives you pause as a parent.And it isn’t really part of our case, butharassment of any childof any kind in this country is inappropriate.And it’s wrong, and we all need to stand up to ensure that children aren’t being harassed in any of their venues, particularly athletics,” McCuskey said.

THE ATHLETES, COACHES, LAWMAKERS AND OFFICIALS WHO HAVE PICKED A SIDE IN THE SCOTUS WOMEN’S SPORTS BATTLE

�s statement, the attorneywalked away, ignoringmultiple questions.

But the allegations would surface in greater and more emotional detail hours later.

On Tuesday night, during the ADF Gala inWashington, D.C., to celebrate oral arguments, Cross’s mother Abby Cross took the stage and became visibly emotional as she recounted the details of the trans athlete’s alleged sexual harassment against her daughter.

Several individuals in attendance were seen crying, wiping tears from her eyes during the dialogue.

Former San Jose State volleyball player Brooke Slusser, who unknowingly shared changing spaces and sleeping spaces with a biological male teammate in the 2023 season, was there and admitted she was one of those in attendance who shed tears during Abby Cross’s speech.

“It tugged at my heart.I mean, a lot of these things do, but it was hard to hear from a mother especially,�“It’s awful.It brought tears to my eyes.”

Former North Carolina high school volleyball player Payton McNabb, who suffered permanent brain injuries after being spiked in the head by a trans opponent, said the alleged story made her “physically sick.”

“Hearing that story honestly made me physically sick.This is exactly why we are fighting, because this is what is happening to young girls.It’s not a secret.People know this is happening, yet girls are being told to be quiet, to be inclusive, to accept harassment,�

“No girl, especially no child, should ever experience that.The fact that some people excuse it or even celebrate it is pure evil.”

But the mood of the event shifted as the night progressed amid optimistic messages by the “Save Women’s Sports” activists and attorneys, many of whom believed they walked away from Tuesday’s hearing with a definitive win.

The consensus among pundits is that the Supreme Court justices and itsconservative majority appear preparedto allow Idaho, West Virginia and other states across the U.S.to uphold its laws to keep biological males out of women’s and girls’ sports.

Labrador shared in that optimism.

“I think the arguments are on our side,” Labrador said.

“I was actually surprised how the judges, who I assume are not going to be as friendly to our side, were really struggling with the questions that we’re going before the court, and they were trying to find a way to articulate the other side’s position, and even they were having a hard time articulating the other side’s position.”

A decision is expected by this summer.

McCuskey has said he is optimistic that the court will rule 9-0 in favor of West Virginia and Idaho.Labrador expects a win, but believes 9-0 is too optimistic.

In addition to a potential new legal precedent, the culture movement around the issue only appeared to gain more fuel on Tuesday.

� a dramatic turnaround from the brand’s first year in 2024 when Sey had to be the one pursuing endorsers.

No where was the growing cultural movement more visible than the protest outside the court, which saw women from across the country who have spoken out about their experiences with transgender athletes, led by the likes of Slusser, McNabb and Riley Gaines.

“It was definitely surreal,” Slusser said of the rally, who is eagerly awaiting resolution on the case, saying “the unknowing of what’s going to happen next and not getting an answer yet,” is hard for her.

Women’s fencer Stephenie Turner, who went viral for kneeling in protest of a trans athlete and getting disqualified for it last spring, was refreshed to be surrounded by so many people who agreed with her on the issue.

“It was amazing to be in a room with people who are in agreement on common sense for the first time.Sometimes I feel like I’m going crazy on this issue when I talk to people who are on the fence about men and women’s sports, it’s nice to be in a room with people who are clear decisive language and know what, this is a zero-sum game and that we must be on the side of protecting women and girls,�

When looking at the pro-trans protesters they were clashing with, McNabb couldn’t help but wonder how they got to that point.

“I didn’t interact with them directly, but watching from a distance was honestly sad,” McNabb said.“What stood out most to me was the number of women over there actively opposing their own rights — it’s completely bizarre.”

Pro women’s golfer Lauren Miller, who spoke out against transgender golfer Hailey Davidson and helped prompt the first rule change in major pro women’s sports to protect the sport from biological males in late 2024, also felt mixed emotions seeing the other side on Tuesday.

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A protester drapes themselves in a transgender pride flag outside the Supreme Court as it hears arguments over state laws barring transgender girls and women from playing on school athletic teams, Tuesday, Jan.13, 2026, in Washington.(Julia Demaree Nikhinson/AP)

“I’ve never seen anything like that before….to face it directly and to see it, it really made me understand the weight of what we’re doing,�

“I feel for them because they’ll never have the peace and the joy and the purpose that we have on our side… I really hope they can see the light because their world will be a lot better.”

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Jackson’s reporting has been cited in federal government actions related to the enforcement of Title IX, and in legacy media outlets including The New York Times, The Los Angeles Times, The Philadelphia Inquirer, The Associated Press and ESPN.com.