PJI Urges Congress to Protect State Women’s Sports Laws in College Athletics Bill

Legal organization raised concerns over Section 121 as Senate considers revised Protect College Sports Act

SACRAMENTO, Calif. - Pacific Justice Institute (PJI) is calling attention to protections for state women's sports laws as the U.S. Senate considers the Protect College Sports Act of 2026, legislation establishing nationwide rules for college athletics.

In an Aug. 27 letter to Senate Commerce Committee Chairman Ted Cruz, PJI Legislative Counsel Andrea Hitefield raised concerns about Section 121 of S. 4668, which addresses the relationship between the federal legislation and existing state laws.

PJI's letter expressed support for much of the bill's stated purpose, including protections governing college athletes' name, image and likeness rights, commonly known as NIL rights. PJI objected to language in the version then under consideration that the organization believed could be interpreted to preempt state laws governing athletic eligibility, including state laws limiting participation on women's teams based on biological sex.

"Congress can establish national rules for college athletics without displacing state laws governing who is eligible to compete on women's teams," said PJI Founder and President Brad Dacus. "States have enacted these laws through their own legislative processes, and the Supreme Court has now addressed the constitutional and Title IX questions surrounding sex-based athletic classifications. Federal legislation should be written clearly enough that those state protections are not unintentionally displaced."

PJI's Aug. 27 letter supported an amendment proposed by Sens. Josh Hawley, Jim Banks and Tommy Tuberville intended to prevent S. 4668 from preempting state laws that restrict women's athletic competition based on biological sex.

The issue arose from Section 121's federal preemption provisions. Federal preemption generally concerns circumstances in which federal law supersedes conflicting state law under the Supremacy Clause of the U.S. Constitution. PJI warned that the eligibility language in the earlier version of S. 4668 could reach beyond college-sports regulations and affect state athletic eligibility laws.

"PJI's concern has been straightforward: Congress should make clear what state laws it intends to preempt," said PJI Legislative Counsel Andrea Hitefield. "Our Aug. 27 letter asked lawmakers to remove uncertainty surrounding athletic eligibility and preserve the ability of states to maintain their own laws concerning women's sports. Clear statutory language protects athletes, states and schools from unnecessary disputes over what Congress intended."

The Senate has continued revising the legislation since PJI submitted its letter. On Sept. 17, the Senate Committee on Commerce, Science and Transportation released updated bill text that narrows the eligibility provisions covered by Section 121's state-law preemption clause.

Under the Sept. 17 substitute text, Section 121 now links eligibility preemption to specific provisions of Section 113. Those provisions address whether an athlete is a student athlete, satisfies uniform academic standards, is a professional athlete and remains within the legislation's permitted years of eligibility.

The revised text does not expressly use the terms "biological sex" or "gender identity" in Section 121. The Senate Commerce Committee described the change as defining the subjects covered by the bill's eligibility preemption provision.

The issue comes after the U.S. Supreme Court issued its June 30 decision in West Virginia v. B.P.J. and Little v. Hecox, two cases involving state laws governing participation in women's and girls' sports.

The Court held that Title IX of the Education Amendments of 1972 permits schools to maintain separate male and female athletic teams based on biological sex. It also held that the challenged Idaho and West Virginia laws did not violate the Equal Protection Clause of the 14th Amendment.

The Supreme Court noted that 27 states had enacted laws maintaining female sports for biological females. The Court concluded that states may determine eligibility for women's and girls' teams based on biological sex under the federal provisions at issue in those cases.

1. 4668 reaches considerably beyond athletic eligibility. The legislation establishes federal rules governing NIL compensation, transfers, academic protections, medical coverage and other aspects of intercollegiate athletics. The Senate Commerce Committee advanced the legislation in June, and the Senate voted 77-22 on Sept. 17 to move the legislation forward for debate and possible final passage.

PJI will continue reviewing changes to the legislation as Congress considers S. 4668.

Read PJI's Aug. 27 letter regarding Section 121 of the Protect College Sports Act.

Read the Senate's Sept. 17 revised text of the Protect College Sports Act.

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