In late August, I had the privilege to attend the Freedom Conference in beautiful Beaver Creek, Colorado, hosted by our friends at the Steamboat Institute. It was a glorious time listening to speakers, conversing with fellow attendees, and listening to the buzz that embraced and promoted a liberty-based vision of America. Mountain States has never shied away from being a leading figure in the courts when it comes to restoring the conservative-libertarian ideals set forth in our Declaration of Independence and enshrined in our Constitution. Being around fellow freedom lovers was a breath of fresh air—and at above 8,000 feet elevation, it was literally some of the freshest air I’ve ever had.
Of all the events and speakers, there were a few that truly grabbed my attention. One of them was former collegiate swimmer Riley Gaines, who has become a symbol of the movement to protect women’s sports from the invasion of men who identify as women. I’d like to share a bit of what she had to say and what it means for Mountain States.
Riley’s Story
Riley was a competitive swimmer for most of her life. From the time she learned to swim and entered into contests, she trained to be the best. For 18 years, she sacrificed sleep, time, and mountains of energy to be a top performer. Adhering to strict diets, early morning weightlifting, forgone time with friends—all to shave off a few hundredths of a second to edge out her competitors.
In college at the University of Kentucky, Riley had become the 7th ranked swimmer in NCAA swimming by her junior year. Never satisfied, she worked all the more to increase her position in her senior year. As she tells the story, by midway through her senior season, she was on track to be the top swimmer. Ahead of her in the No. 2 position was a woman Riley had known for years as a competitor, a fellow athlete she’d swam against since high school.
Ahead at first, however, by November of 2021, was a name Riley had never heard of before in her nearly two decades of women’s swimming: Lia Thomas. What was remarkable about this individual wasn’t just that they were winning—they were crushing the competition. As Riley says, “In a sport where victors often win by mere fractions of a second, Lia was winning by body lengths.”
Turns out, that’s because Lia Thomas was formerly Will Thomas, who is a biological male with all of the physical advantages that come with the sex in competitive athletics.
A Moral Failure
As many already know, Thomas’ performance in women’s swimming was dominating and became the national champion in 2022, which was Riley’s last year to attempt the prize herself. “The NCAA committed a moral failure when it didn’t prevent this injustice, and not just to me, but to every single female athlete,” she said.
As I paraphrase her a bit, “Losing to Thomas was unsettling enough. But to be forced to share a locker room? To give up a shared trophy because officials said the photo-op would look better? One of the worst parts was seeing all the parents of these outstanding women athletes hold back tears, watching their little girls—who had been training just like me for years and years—get crushed by a man in a woman’s swimsuit. What a waste.”
Ever since that injustice, Riley has taken up the mantle of the movement to protect spaces meant explicitly for women. She did interviews on Fox, with newspapers, anyone who would listen. She even attempted to ask CNN and other more progressive sites if they’d want to interview her. Their reply was the equivalent of “we’re covering your story, but won’t give you a platform.”
Riley’s core message has been about truth versus lies. “It is loving to tell the truth. To indulge in delusion, to write into the rules and law a lie, however intended, is not tolerant or loving. It is evil.”
Mountain States in the Fight
By that, Riley refers to how the Biden Administration and its allies are attempting to rewrite through interpretation the language of Title IX, the federal law meant to protect equality for women in public education. Mountain States Legal Foundation has been prominent in fighting back against the president’s radical attempt to subvert the dignity of women’s spaces in athletics, dormitories, and the classroom. Our comment in opposition to the proposed changes has helped put pressure on bureaucrats to reverse course.
This is a crucial fight in the cause of liberty. Something Riley said that stuck out was how women’s collegiate sports aren’t a big issue like the war in Ukraine, the energy crisis, or inflation. What is important, though, is why women’s collegiate sports have become an issue at all. “It is about Truth. It is about whether or not the language we’re forced or pressured to use matches with reality.”
In a free society, without the capacity to speak what one knows, the society won’t stay free for long. Part of Mountain States’ opposition to President Biden’s proposed changes to Title IX—besides the fact it violates the law itself—is how the changes would undermine the freedom of speech. If a student or professor is compelled to use preferred pronouns or prohibited from criticizing men in women’s sports out of some “tolerance” code on campus, they are being censored, plain and simple. It’s one of the reasons we took an active part in Vlaming v. West Point School Board.
Mountain States doesn’t take up social issues for its own sake. Instead, we fight for the basic rights found in or protected by our Constitution and in our laws, regardless of the circumstance. As it is, the very foundation of equality and free speech is at the heart of the trans-athlete debate. Until the courts and legislatures figure out that our rights should be respected, we’ll be in this fight, too.
Freedom Needs Truth
Riley’s assertion resonates deeply—women’s collegiate sports might not be as pivotal as international conflicts, energy concerns, or economic inflation. However, it highlights a crucial question: Does the language we are compelled to use align with reality?
In a society built on freedom, the ability to speak the truth is paramount. Mountain States’ opposition to President Biden’s proposed Title IX changes extends beyond legal infractions; it’s about protecting freedom of speech. If students and professors are coerced into using specific pronouns or barred from criticizing certain issues due to so-called “tolerance” policies, their voices are being stifled. It’s why we actively participate in cases like Vlaming v. West Point School Board.
Our involvement in these issues is not for controversy’s sake; it’s rooted in safeguarding the rights enshrined in our Constitution and laws, regardless of circumstances. The ongoing debate around transgender athletes hinges on the core principles of equality and free speech. Until our rights are rightfully acknowledged by the courts and legislatures, we’ll remain steadfast in this battle.