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 athletics.

The senators expressed concerns that the current draft of the Senate NIL bill could override existing state protections. Hawley stated, "Biological men should never be allowed in women’s sports or women’s locker rooms." 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 he could not support legislation that supersedes these protections.

This legislative action follows the Supreme Court's decision to uphold laws in Idaho and West Virginia banning biological males from girls' sports, a ruling explained by constitutional law attorney Jonathan Turley and legal correspondent Shannon Bream as consistent 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 seen outside the Supreme Court in Washington, D.C., on January 13th, 2026, when cases regarding transgender girls joining girls' and women's sports teams were heard.

The senators' amendment aims to close what they describe as a loophole in the Protect College Sports Act, reinforcing the importance of state authority in protecting women's sports.

Sources