State by State · Amicus briefs · NCAA Convention
ICONS supported the states that won a ruling blocking the 2024 federal Title IX rule in Tennessee v. Cardona, and supported Tennessee at the U.S. Supreme Court in United States v. Skrmetti, which Tennessee won in June 2025. In January 2025 female athletes demonstrated outside the NCAA Convention in Nashville.
The law in Tennessee
Law in force · Covers K-12 and colleges
Tennessee has kept girls' teams female-only in public middle and high schools since 2021, and women's teams female-only in public colleges and in private colleges that play them since 2022.
The law in detail, with sources
The law
SB 228 / HB 3 (Public Chapter 40), 2021, K-12, signed by Gov. Bill Lee in March 2021 (bill page; LGBTQ Nation). SB 2153 / HB 2316 (Public Chapter 1005), 2022, college, signed May 9, 2022, effective July 1, 2022 (bill page). A separate April 2022 law lets the state withhold funds from districts that don’t comply (Action News 5). All passed by the legislature.
Who it covers
Public middle and high school sports, grades 5–12 (K–4 excluded), and public colleges plus private colleges whose students compete against public colleges (SB 228; SB 2153).
Notes
Sex is determined by the original birth certificate (or other evidence of sex at birth at the family’s expense). K-12 students harmed by a school’s violation can sue for injunctions and damages. The college law bars government bodies, accreditors and athletic organizations from punishing colleges that keep women’s teams female, and protects students who report violations; the Senate removed the private lawsuit option for college athletes (SB 2153 summary). Court: L.E. v. Lee (M.D. Tenn., No. 3:21-cv-00835), filed 2021, challenges the K-12 law; a March 2024 ruling let the plaintiff, a girl who identifies as a boy, try out for the boys’ golf team, which does not affect girls’ teams; the case is listed as ongoing as of June 2026 (ACLU-TN; Sports Litigation Alert; Clearinghouse). Protected by the June 30, 2026 Supreme Court ruling (CBS News).
What ICONS has done in Tennessee
- January 15, 2025 · ICONS co-founder Kim Jones joined female athletes demonstrating outside the NCAA Convention in Nashville
In the courts and statehouses
October 15, 2024 · U.S. Supreme Court
Supreme Court ruled for Tennessee
Amicus brief in United States v. Skrmetti
ICONS filed a brief supporting Tennessee in the case over its law on medical gender transition treatments for minors. The Court ruled for Tennessee on June 18, 2025.
“It is the experience of amici that legal protections giving women the opportunity to take part in and succeed in sport are essential to the advancement of women.” From the brief, p. 5
Outcome: On June 18, 2025, the Court upheld Tennessee's law, holding it is not subject to heightened scrutiny and passes rational-basis review. Source
September 3, 2024 · U.S. Court of Appeals, Sixth Circuit
Rule vacated; appeal dismissed
Amicus brief in Tennessee v. Cardona (2024 Title IX rule)
ICONS supported the states and intervenors who won a ruling blocking the 2024 federal Title IX rule, and asked the court to affirm.
“It is a misguided, objectifying, and patently discriminatory trope that girls are undeserving of protection until they reach an elite level in sport.” From the brief, p. 2
Outcome: The district court vacated the 2024 Title IX rule on Jan. 9, 2025, so the Sixth Circuit dismissed the government's appeal for lack of jurisdiction on March 18, 2025. Source
Athletes in ICONS-backed lawsuits
- Riley Gaines, swimming, from Tennessee · Gaines v. NCAA
In the news
- Female athletes hold demonstration outside NCAA conference over transgender sports policies (NewsChannel 5 Nashville, January 16, 2025)