A coalition of 15 Republican state attorneys general is urging congressional leaders to preserve language in the Protect College Sports Act of 2026 that they say protects state authority over eligibility rules for women’s college sports.
The attorneys general sent a Sept. 23 letter to Senate Majority Leader John Thune and House Speaker Mike Johnson as Congress considers S. 4668, a broader package addressing college athletics.
The letter focuses on language in an amended version of the bill that narrows a federal preemption provision involving student-athlete eligibility. The attorneys general argue the change is necessary to ensure states can continue enforcing laws governing participation on women’s athletic teams.
South Dakota Attorney General Marty Jackley joined the letter and said South Dakota is among the states with laws restricting participation on women’s teams based on sex.
“I have long advocated that men should not be allowed to play in women sports,” Jackley said. “South Dakota is one of 27 states not to allow men to play on women’s sports teams.”
The coalition pointed to a U.S. Supreme Court decision earlier this year that recognized states may maintain separate men’s and women’s athletic teams based on sex. The attorneys general asked Congress to make clear that state officials retain authority to enforce those laws.
The Protect College Sports Act is broader than the dispute over eligibility rules. The legislation would establish federal standards involving name, image and likeness compensation, transfers, athlete protections and enforcement in college sports. The Senate Commerce Committee advanced the measure on a bipartisan 19-9 vote in June.
Supporters of the current language have said the bill would not override state laws regulating participation in women’s sports or amend Title IX.
Attorneys general from Alabama, Arkansas, Florida, Idaho, Kansas, Kentucky, Louisiana, Mississippi, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota and Utah signed the letter. Montana Attorney General Austin Knudsen was among the signatories.