Supreme Court Clarifies Title IX: Will Vermont Explain Its Policy?

In an open letter to Vermont leaders, SpeakVT President Marie Tiemann calls for a transparent review of the state’s athletic participation policies following the Supreme Court’s Title IX decisions.

A public request for clarity, fairness, and accountability in Vermont school athletics

Female student-athletes stand on a running track facing the Vermont State House in Montpelier

An Open Letter to Governor Phil Scott, Attorney General Charity Clark, and Secretary of Education Zoie Saunders

From Marie Tiemann, President, SpeakVT for Parents in Education, Inc.

To: Governor Phil Scott, Attorney General Charity Clark, and Secretary of Education Zoie Saunders

On June 30, 2026, the United States Supreme Court issued decisions in West Virginia v. B.P.J. and Little v. Hecox upholding state laws that reserve girls’ and women’s athletic teams for biological females. The Court concluded that those laws do not violate Title IX or the Equal Protection Clause.

The ruling does not require every state to adopt the same policy, and it did not decide whether a state may choose a different approach. It does, however, remove a central legal argument that has often been used against sex-based eligibility rules. States may preserve female athletic categories in the interest of competitive fairness and safety without violating federal law.

That distinction matters. SpeakVT is not claiming that the Supreme Court ordered Vermont to enact a particular law. We are asking Vermont leaders to explain, plainly and publicly, what the decision means for Vermont’s policies and what protections the state will provide for female students.

Vermont’s Policy Deserves Public Review

The Vermont Principals’ Association has maintained a gender identity policy for interscholastic athletics, and the association has described support for transgender student-athletes as an expectation under Vermont law, Agency of Education best practices, and VPA policy. In practice, Vermont has allowed students to participate on teams consistent with their gender identity.

Following the Supreme Court’s ruling, Vermont parents and students deserve to know whether these policies will be reviewed. They also deserve to know how the state defines equal athletic opportunity for female students when eligibility for girls’ teams is not based exclusively on sex.

This conversation should not require hostility toward transgender students. Every student deserves dignity, safety, and the opportunity to participate in school life. At the same time, compassion for one group does not require government officials to dismiss the rights, concerns, or opportunities of another. A fair policy must be willing to recognize both human dignity and the purpose of sex-separated athletic categories.

The Concerns We Hear from Vermont Families

Parents and students who have contacted SpeakVT have expressed concerns about competitive fairness, roster positions, playing time, records, awards, scholarships, and privacy in sex-separated facilities. These concerns should not be reduced to political slogans or treated as evidence of animosity toward individual students. They are legitimate questions about the meaning and purpose of equal opportunity for girls.

Title IX transformed American education by expanding opportunities for female students. Its success rests in part on recognizing that separate female athletic categories can be necessary to provide meaningful equality. The Supreme Court has now confirmed that states may preserve those categories on the basis of biological sex. Vermont should explain whether it believes the interests underlying that decision apply to Vermont girls and, if not, why not.

Three Questions for Vermont’s Leaders

  1. Will Vermont formally review its athletic participation policies following the Supreme Court’s decisions in West Virginia v. B.P.J. and Little v. Hecox?
  2. How will the state protect equal athletic opportunities, competitive fairness, and privacy for female students while treating transgender students with dignity?
  3. When will parents, students, educators, coaches, school boards, and other stakeholders have a meaningful opportunity to participate in that review?

Public Officials Are Accountable to the People

Chapter I, Article 6 of the Vermont Constitution declares that government officers are the people’s trustees and servants and are accountable to them. That principle calls for more than silence or general assurances. It calls for a clear explanation of the state’s legal interpretation, the policies now in force, the officials responsible for those policies, and the process by which Vermonters may seek change.

SpeakVT has asked the U.S. Department of Education’s Office for Civil Rights to review whether Vermont’s policies and practices comply with Title IX. That request for federal review does not relieve Vermont officials of their responsibility to answer the public directly. Whatever position the state chooses, Vermonters should not have to infer it from scattered guidance, association policies, or statements made only after controversy arises.

Vermont Families Deserve an Answer

This is an opportunity for Vermont to conduct an open, serious, and respectful review. The state can affirm the dignity of every student while also confronting the practical consequences of policies governing girls’ sports and sex-separated facilities. Avoiding the discussion will not resolve it.

We respectfully ask Governor Scott, Attorney General Clark, and Secretary Saunders to respond publicly to these questions and to establish a transparent process for reviewing Vermont’s athletic participation policies in light of the Supreme Court’s decision.

Vermont families deserve both a voice in this discussion and a clear explanation of how state policies will protect equal educational and athletic opportunities under Title IX.

Marie Tiemann

President

SpeakVT for Parents in Education, Inc.

Sources and References

U.S. Supreme Court, Opinions of the Court, October Term 2025

Vermont Principals’ Association, Sports Medicine Policies and Gender Identity Policy

Vermont Principals’ Association, Statement of Support for Each Student

Constitution of the State of Vermont, Chapter I, Article 6

U.S. Department of Education, Office for Civil Rights complaint portal

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