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 override state laws that prohibit biological males from participating in women's sports.

The move comes after the Supreme Court upheld laws in Idaho and West Virginia banning biological males from girls' sports teams. Constitutional law attorney Jonathan Turley and chief legal correspondent Shannon Bream noted that the ruling treats transgender status differently from protected classes like race or religion, leaving such decisions to individual states.

Senator Hawley stated, "Biological men should never be allowed in women’s sports or women’s locker rooms." He expressed concern that the current draft of the Senate NIL bill could preempt Missouri’s law banning men in 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 he could not support legislation that supersedes these protections.

The senators' amendment seeks to close what they describe as a loophole in the Protect College Sports Act, reinforcing state authority over women's sports eligibility rules. This legislative action follows public protests and ongoing legal debates about transgender athletes' participation in women's sports.

Sources:

Quotes:

  • "Biological men should never be allowed in women’s sports or women’s locker rooms," — Josh Hawley
  • "Indiana has one of the strongest laws in the country that keeps biological men from competing in women’s sports," — Jim Banks
  • "We’ve got to make sure state laws protecting women stand."