Morning Wire Weekend Edition: “Men in Women’s Sports: The Supreme Court to Decide”

Podcast: Morning Wire
Hosts: John Bickley & Georgia Howe
Guests: Kristen Wagner (President, Alliance Defending Freedom), Madison Kenyon (Plaintiff, Idaho case)
Date: January 11, 2026

Episode Overview

This episode examines a pivotal Supreme Court case that will decide whether states can enact laws protecting girls’ and women’s sports from the participation of biological males. The discussion features legal and personal insights from Alliance Defending Freedom president Kristen Wagner and Madison Kenyon, a collegiate runner at the center of the Idaho lawsuit. Ultimately, the episode probes legal, scientific, and cultural dimensions of the ongoing debate over transgender inclusion in women’s athletics—and the future of Title IX protections.

Key Discussion Points & Insights

1. What’s at Stake: States’ Rights & Women’s Equal Opportunity

[03:26] Kristen Wagner:

• The heart of the case: Do states have the right to make distinctions based on biological sex in athletics, ensuring equal opportunities for girls and women under federal law?
• Broader implication: This decision will “affect every woman and girl in the United States and what their rights are in the future.”

[04:08] Kristen Wagner:

• Joint Supreme Court hearing for Idaho and West Virginia cases.
• Both hinge on whether “men who identify as women” may compete in female divisions, sidelining girls in their own sports.
• Two legal claims (West Virginia’s "BPJ" case):
  • Title IX: Federal statute guaranteeing women’s equal opportunity in education (including sports)
  • 14th Amendment’s Equal Protection Clause

2. Title IX and the 14th Amendment: Framing the Legal Battle

[04:54] Kristen Wagner:

• Title IX, 50 years old, transformed women’s sports and educational opportunities.
• Question: “Whether men can compete in women’s sports under Title IX and whether states can say no.”
• 14th Amendment: Governments can make distinctions only on “reasonable differences”—are biological differences in sports such a case? Both common sense and science say yes.

3. Madison Kenyon: Personal Story of Displacement

[06:47] Madison Kenyon:

• Began running in middle school, earned a college scholarship.
• “My first or second ever race in college athletics was against a male athlete. I actually went in pretty open minded. ... It really hit me more after the race—looking at all of the individuals up [on the podium], and one ... is a male and he's taller than everybody. Looking at that was really unfair.”
• Describes the psychological and competitive impact: “Stepping on the line with a male athlete in the women’s division ... it's deflating, it's defeating. It ruins the integrity of women’s sports.”
  (07:15)

[07:51] Madison Kenyon:

• Not alone: “We’ve met hundreds of women supporting this issue. ... There are so many women out there that want fair competition.”

[09:05] Madison Kenyon:

• Support and pushback: Mostly social support; coaches told them to advocate respectfully but would not take an explicit public stance.

4. Lawsuits & Legislative Action

[09:28] Madison Kenyon:

• Idaho's Fairness in Women’s Sports Act passed, sued by the ACLU.
• Kenyon and her teammate intervened in the lawsuit, represented by ADF.

[10:05] Kristen Wagner:

• ADF’s broader involvement: Past cases in Connecticut, where male athletes won “about 15 [state championships] from women, and denied them 85 opportunities for advancement.”
• After Idaho, now 27 states have laws protecting girls in sports.
• The Supreme Court outcome: If ADF wins, states may protect girls’ sports; if they lose, all state protections could be struck down.
• Broader context: Future cases may decide if states must enact such protections.

5. Science & International Trends

[13:25] Kristen Wagner:

• “Science is critical to the legal case. ... There are just inherent and enduring physical differences between men and women. ... There is no amount of testosterone suppressants that takes away the physical advantages that men have.”
• Western European countries are shifting policy in response to the evidence.

6. Harassment and Safety Concerns

[14:43] Kristen Wagner:

• In the West Virginia “BPJ” case, allegations include:
  • Verbal sexual harassment and “terrifying” graphic remarks made to girls in the locker room.
  • Girls forced to change clothes in uncomfortable ways or avoid restrooms due to the presence of a biological male.
  • Girls who protested lost eligibility and had to sue to restore their participation rights.

7. Legal Landscape Across the U.S.

[16:29] Kristen Wagner:

• Cases exist both protecting and challenging state rights.
• Connecticut: ADF clients lost four state championships to male competitors who switched divisions based solely on self-identification.
• Minnesota: Ongoing appellate case over a boy on a girls’ softball team winning the state championship.

[17:40] Kristen Wagner:

• Physical injury cases have occurred, but most litigation focuses on legality and opportunities.
• Criticism of the Biden administration’s executive actions trying to change sports law.

8. Role of the ACLU

[18:39] Kristen Wagner:

• The ACLU is “in most, if not all, of the cases ... They consistently oppose the rights of women to fair play and equal opportunities.”
• In BPJ’s West Virginia case, the ACLU presented it as a simple inclusion issue, which Wagner says is “ludicrous and ... insulting to women and girls.”
• “BPJ displaced 400 girls over 1,100 times in one season alone.”
  (19:12)

Notable Quotes & Memorable Moments

• Madison Kenyon on fairness and opportunity:
  “No amount of effort or work that I put in is going to get me to the levels of a male. A male has biological advantages on women. They are faster, bigger, stronger, and that’s how it’s been. That’s why women compete against women, because it creates a fair playing field.” [00:34]

• Kristen Wagner on the broad impact:
  “This issue will affect every woman and girl in the United States and what their rights are in the future.” [03:26]

• On psychological impact:
  Kenyon describes the “deflating” feeling of lining up against a male athlete, knowing you’re at a disadvantage. [07:15]

• On science and policy:
  “There is no amount of testosterone suppressants that takes away the physical advantages that men have. And that includes even when puberty blockers are given to boys.” [13:25]

• On the scale of displacement:
  “BPJ displaced 400 girls over 1,100 times in one season alone.” [19:12]

Timestamps for Key Segments

• [00:34] — Madison Kenyon describes first-hand experience of being displaced by a male athlete.
• [03:26] — Kristen Wagner outlines what’s at stake nationwide.
• [04:54] — Legal explanation of Title IX and equal protection under the law.
• [06:47] — Madison Kenyon tells her personal story as a collegiate runner.
• [10:05] — Kristen Wagner on early Connecticut litigation and legislative responses.
• [13:25] — Science and physiological differences in legal arguments.
• [14:43] — Harassment and safety issues raised in West Virginia case.
• [16:29] — Legal battles in other states, including physically aggressive competition.
• [18:39] — The ACLU’s role and the scale of the displacement.

Tone and Takeaways

The episode maintains a factual, urgent tone, emphasizing both the personal stakes for female athletes and the large-scale societal consequences if states are not permitted to uphold women’s sports as single-sex spaces. The guests and hosts argue strongly for the need to “protect fair play” and see the Supreme Court’s decision as a watershed moment for “the rights of all women and girls.”

For listeners looking for context, legal reasoning, and a compelling first-person perspective, this episode provides both an informative and emotionally charged case for the continued separation of sports by biological sex, as well as a preview of what’s at stake in the Supreme Court’s upcoming ruling.