Why it Matters

The defining moment was not what was said from the dais — it was who wasn't there.

Senate Democrats boycotted the Sept. 23 hearing examining women in sports, leaving their two allotted witness seats empty and declining to question any of the three witnesses who testified. Ranking Member Sen. Dick Durbin (D-IL) delivered an opening statement before departing, calling the hearing a "vendetta against a small number of people in the trans community" and citing NCAA data showing fewer than 10 of more than 500,000 college athletes are transgender.

The Big Picture

Executive Order 14201, a second sports-related order signed in April, titled "Urgent National Action to Save College Sports," directed the NCAA to protect opportunities in women's and Olympic sports and instructed the Federal Trade Commission and Attorney General to take enforcement action.

On the legislative front, S.9, the Protection of Women and Girls in Sports Act (PWGSA), stalled after a cloture vote failed 51-45 on March 3, 2025, short of the 60-vote threshold needed to break a filibuster. A companion bill, H.R.28, passed the House. Roll Call reported the issue has "reemerged in several Senate competitive races," framing the hearing as part of a broader Republican electoral strategy heading into the 2026 midterms.

What They're Saying

Chair Sen. Chuck Grassley (R-IA) set the tone directly: "It may be tempting to talk about the other issues surrounding transgender women and men today. But – let me be clear – that isn't the purpose of this hearing," adding pointedly: "The Democrats are choosing to let their two witnesses' seats go empty."

With no Democratic senators present, exchanges were uniformly supportive. Kim Jones, co-founder of the Independent Council on Women's Sports (ICONS), testified: "You can protect the boy who wants to take a spot on a girl's team, or you can protect the girl for whom the spot was designated. We can't do both." Former professional soccer player Carly Smolak testified: "When you put biological males in our sports, that's cheating, and it is stripping us of everything that we have worked for."

Sen. Josh Hawley (R-MO) pressed William Bock III, a partner at Kroger, Gardis & Regas, LLP, on NCAA locker room policy. Bock testified that under current NCAA policy there is "no restriction" on transgender women entering cisgender women's locker rooms, and that the NCAA's position in court is that Title IX does not apply to it.

Political Stakes

Durbin's statement quoted a letter signed by more than 400 athletes sent to the NCAA Board of Governors: "Although trans exclusionary efforts claim to 'protect women's sports,' in reality, they fail to address any of the real, documented threats to women in sports, namely unequal pay, failure to uphold Title IX, rampant sexual abuse and harassment of women and girl athletes, and a lack of equal resources."

The Bottom Line

No legislation is currently linked to the hearing in the committee record, and no follow-up hearings were announced in available reporting. With the PWGSA stalled at 51-45 on March 3, 2025, the bill fell short of the 60 votes needed to overcome a filibuster.

Access the Legis1 platform for comprehensive political news, data, and insights.

Spot something wrong? Report an issue with this article