NBC Today anchor Craig Melvin stunned viewers on June 30 when he paused mid-broadcast to issue an unusual disclaimer: he would be using the phrases “biological male” and “biological female” — words drawn from the Supreme Court’s decision that upheld state laws prohibiting transgender women from competing in women’s sports. The warning, delivered during morning coverage of the decision handed down that same day, immediately drew fierce criticism from observers who found the explanation more puzzling than clarifying.
The high court’s conservative majority ruled 6-3 that state-level bans do not violate the Constitution, while all nine justices agreed that barring transgender athletes from women’s sports does not run afoul of Title IX, the federal law prohibiting sex discrimination in education. The ruling overturned lower court decisions in Idaho and West Virginia that had sided with transgender students who challenged the bans as violations of the Constitution and federal anti-discrimination law.
A Warning That Raised More Questions Than Answers
Melvin, who took over Hoda Kotb’s seat beside Savannah Guthrie on the “Today” show, delivered the disclaimer to an audience comprised largely of Middle American mothers. NBC News White House correspondent Kelly O’Donnell had already used the biological terminology several times during a live special report on the ruling before Melvin stepped in with his clarification. He explained the phrases were not the network’s editorial choices but rather citations from the court’s written opinion and dissent.
“Just a quick note here,” Melvin told viewers during the broadcast. “The terms that we’re using here during our reporting, biological male, biological female, the high court put those terms in quotations in their decision and their dissent. But just so you know, we’re using those terms from the decision itself, biological male, biological female.”
O’Donnell then noted that the number of transgender athletes seeking to compete in female sports represents “a very small pool, in many ways.” The House Republicans’ X account shared a clip of Melvin’s disclaimer and labeled it “CRAZY!”
Legal Experts and Critics Fire Back
Journalist Jonathan Turley criticized the network’s approach in a post on X. NBC issued what amounted to a trigger warning before quoting the court’s use of terms such as “biological male” and “biological female,” Turley wrote. “This is how the press becomes a parody of itself.”
Conservative journalist Andy Ngo, who is gay, expressed surprise that “leftists find ‘biological male’ triggering.” His observation echoed broader criticism from gay and lesbian commentators who said the ruling had no bearing on their own civil rights. One online commenter wrote that the decision was “not about LGBTQ rights — it is the rights of women to be protected.” Another wrote: “Stop flipping the script. Men wanting to compete in women’s sports is NOT a right. It is an assault on the rights of women.”
The network’s website drew additional criticism by publishing a headline describing the ruling as a “major blow to LGBTQ rights.” That post was hit with a community note on X, with users arguing the framing misrepresented the decision. One commenter who identified as gay wrote, “I’m gay. My rights didn’t change in the least. Just sayin.” Another suggested the headline should instead read: “Supreme Court upholds state bans on transgender athletes in girls’ sports, delivering a major victory for women’s and girls’ sports and Title IX.”
Network Coverage Draws Contrasts Across Channels
ABC Supreme Court reporter Devin Dwyer characterized the ruling as “a blow” to members of the transgender community and described the transgender-identifying plaintiffs who had challenged the lower court’s ruling as having “bravely brought this case.” ABC White House correspondent Mary Bruce noted that President Donald Trump had made the issue a near-daily talking point, saying the president frequently criticizes transgender female athletes’ participation in girls’ and women’s sports at the White House.
Justice Brett Kavanaugh, writing for the majority, stated that “states may maintain women’s and girls’ sports for biological females.” The decision permits Idaho and West Virginia schools to establish eligibility requirements for female athletic teams that are based on biological sex.
Trump Celebrates as the Debate Reaches a New Stage
Trump posted to Truth Social shortly after the ruling was handed down: “BIG WIN: The United States Supreme Court just RULED AGAINST MEN PLAYING IN WOMEN’S SPORTS. That takes that ridiculous situation off the table!”
The ruling addresses a long-simmering debate that gained national visibility when University of Pennsylvania swimmer Lia Thomas, who is transgender, drew widespread attention at the 2022 NCAA Championships.