On Thursday, August 6th, 2026, three Republican senators—Josh Hawley of Missouri, Jim Banks of Indiana, and Tommy Tuberville of Alabama—filed an amendment aimed at ensuring the Protect College Sports Act does not preempt state laws that prohibit biological males from participating in women’s sports.

The amendment addresses concerns that the current draft of the Senate NIL bill could override state protections. Senator Hawley stated, "Biological men should never be allowed in women’s sports or women’s locker rooms." He expressed particular concern that the bill could preempt Missouri’s law banning men from women’s sports.

Senator Banks emphasized Indiana’s strong protections, saying, "Indiana has one of the strongest laws in the country that keeps biological men from competing in women’s sports," and added that he could not support legislation that supersedes these existing protections for female athletes.

This legislative move follows the Supreme Court’s decision to uphold laws in Idaho and West Virginia banning biological males from girls’ sports. Constitutional law attorney Jonathan Turley and chief legal correspondent Shannon Bream noted that the ruling aligns with the view that transgender status is not a protected class like race or religion, leaving such decisions to individual states.

Protests against transgender athletes competing in women’s sports were held outside the Supreme Court in Washington, D.C., on January 13th, 2026, coinciding with hearings on related cases.

Senators filing the amendment seek to close what they perceive as a loophole in the Protect College Sports Act, ensuring state laws protecting women’s sports remain intact.

Sources