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Home»Politics»Exclusive — Terry Schilling: ACLU Had ‘Total Garbage Argument’ in Trans Athletes SCOTUS Case, ‘We’re Going to Win’
Politics

Exclusive — Terry Schilling: ACLU Had ‘Total Garbage Argument’ in Trans Athletes SCOTUS Case, ‘We’re Going to Win’

Press RoomBy Press RoomJanuary 20, 2026No Comments4 Mins Read
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President of the American Principles Project (APP), Terry Schilling, is predicting a Supreme Court victory after the court heard two cases this week about state laws that ban males, including transgender-identifying males, from playing on female sports teams.

In the cases, trans-identifying male athletes challenged laws in Idaho and West Virginia and were represented by the American Civil Liberties Union (ACLU) and Lambda Legal. Schilling said in an interview on Breitbart News Saturday that the ACLU struggled in court because they argued the laws discriminate on the basis of sex — all while refusing to define what sex is.

“What the left and what the ACLU is arguing is that by banning biological men from women’s sports, it’s sex discrimination, and it’s a violation of the 14th Amendment and our Due Process rights. It’s a total garbage argument,” said Schilling, whose organization is about to premiere a documentary at Mar-a-Lago. “We decided this long, long ago. We introduced a whole set of laws called Title IX that are meant to give women equal opportunities and education, and that trickles into sports.”

“It’s very tough for the ACLU to argue that this is sex discrimination because they refuse to define sex,” he continued. “Because if you define sex under the law, that gets really messy and it eliminates the entire transgender argument because their argument as a transsexual movement is, there is no such thing as sex — there’s only gender identity — what you choose to identify as in your own mind, and that should trump everything.” 

LISTEN: 

Schilling went on to say gender ideology is “absolutely baloney.”

“Men and women aren’t just different — they’re the exact opposite. They complement each other. Women are typically, on average, strong where men are weak and vice versa, and it makes for a very beautiful arrangement. It’s at the heart of our country. It’s at the heart of humanity. It’s how we get new people,” he said.  

“We’re going to win. I’m very optimistic. The Supreme Court has ruled very favorably on all transgender issues in the past four years,” he added. 

The Supreme Court notably issued several decisions last year curtailing the transgender activist agenda, including allowing states to ban sex changes for minors, and requiring schools to provide parents opt-outs from LGBTQ+ propaganda in curriculums. The court also appeared skeptical of Colorado’s so-called “conversion therapy” ban. Rulings on the transgender athletes cases are expected by summer. 

“And then we’re going to go on and we’re going to pass a national law to protect girls’ sports all across the country because there’s no reason why girls in California or New York or Illinois, any of these blue states, shouldn’t have the same rights and protections as the girls in Texas and Indiana,” he said. 

Schilling added that polling on this issue is overwhelmingly against males in female sports, putting Democrats who continue to double down on the issue “in a really bad position here” ahead of the midterms. He contended that Republicans should really press on the issue again this year the way President Donald Trump did in the 2024 election. 

“What [Republicans] need to do is they need to make the argument that if you elect Democrats, they’re not going to lower your taxes. They’re not going to give you more money. What they’re going to do is they’re going to increase your taxes. They’re going to make your energy costs soar, and they’re going to put boys in your daughter’s sports. That’s all they care about,” he said.

“They care more about putting boys in your daughter’s sports, in their locker rooms, and showers. They care more about giving your kids sex changes and taking away parental rights from you. [Republicans] need to argue that Democrats don’t really care about any other issue besides the culture war,” he continued. “They want trans everything. They have no economic plan. They have no foreign policy plan. They have no plan to make Americans safer, actually. They just want to trans your kids. And I think…if they can prosecute an argument on this — showing that [Democrats] care more about transing your kid than they do about helping and saving our country — I think we’re going to keep both chambers.” 

Breitbart News Saturday airs on SiriusXM Patriot 125 from 10:00 a.m. to 1:00 p.m. Eastern.

Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.



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