Supreme Court Weighs State Bans on Transgender Athletes in Sports

The U.S. Supreme Court heard arguments Tuesday from lawyers in two cases where transgender female athletes challenge state laws in West Virginia and Idaho. These laws bar transgender girls and women from competing on teams that match their gender identity. The cases come as 27 states have passed similar measures to keep sports teams separated by biological sex. The justices showed splits along familiar lines, with conservatives focusing on biological differences and liberals questioning if the court should set a nationwide rule.

Background

State laws on transgender athletes started appearing around 2020. Lawmakers in those states said the rules protect fair play and safety for girls and women in sports. They point to physical advantages that boys and men have over girls and women, advantages that do not go away fully even with hormone treatments.

Idaho passed the first such law in the U.S. It says public school and college teams must be based on biological sex at birth. No transgender girls or women can join girls' or women's teams. West Virginia followed with its own law a short time later. It sets the same rule for school sports.

Lindsay Hecox, a transgender woman from Idaho, sued over the ban. She wanted to run track for Boise State University. A federal judge blocked the law in 2020. He said it treated transgender athletes differently from others. The 9th U.S. Circuit Court of Appeals agreed. It ruled the law likely breaks the Constitution's equal protection clause.

In West Virginia, Becky Pepper-Jackson, a middle school student, challenged the law. She ran on the girls' track team. A district judge upheld the ban in 2023. But the 4th U.S. Circuit Court of Appeals overturned that. It said the law violates Title IX, the federal law that bans sex discrimination in schools.

Both states asked the Supreme Court to step in. The court agreed last July. For Hecox's case, she is now 25 and says she no longer plans to play sports covered by the ban. Her lawyers want the court to drop that case as moot. West Virginia says Pepper-Jackson's runs pushed at least 400 girls lower in track standings last spring.

Lower courts blocked both laws from taking effect. Justices Samuel Alito and Clarence Thomas dissented in the West Virginia stay. Alito said the appeals court blocked a state law without explanation after a full trial.

Key Details

During more than two hours of arguments, conservative justices like Neil Gorsuch and Brett Kavanaugh pressed on practical questions. Gorsuch asked what counts as straightforward after long talks on hormone levels and advantages. Kavanaugh wondered why the court should make a rule for the whole country when half the states allow transgender girls in sports and half do not. He noted ongoing uncertainty and debate.

Arguments from the States

Lawyers for Idaho and West Virginia said their laws classify by biological sex, not transgender status. They argued this is allowed under the Constitution and Title IX. The goal is equal chances for girls and women. Males have strength, speed, and other edges that start before puberty and last after testosterone drops, they said.

West Virginia's solicitor general, Michael Williams, told the court that sex matters for performance, but gender identity does not. He warned that treating them the same would end Title IX's protections for girls' sports.

The Trump administration filed a brief supporting the states. Solicitor General D. John Sauer wrote that the laws treat everyone by biology. That means equal treatment, not discrimination, he said.

"Sex affects athletic performance; gender identity does not." – Michael Williams, West Virginia Solicitor General

Arguments from the Athletes

Lawyers for Hecox and Pepper-Jackson said the bans discriminate by sex and transgender status. They exclude all transgender girls from women's sports, no exceptions. This treats them worse than cisgender girls, who can compete as their gender identity matches their birth sex.

They argued Title IX does not allow total bans on any group. The laws also require invasive checks on girls' sex to enforce them. This risks all female athletes, not just transgender ones.

Kathleen Hartnett, Hecox's lawyer, faced questions on advantages. Liberal justices like Sonia Sotomayor asked if the court can rule for all transgender women when science is not settled.

The states say medical steps like puberty blockers do not erase male advantages. They note records show transgender athletes winning titles in women's events.

What This Means

A ruling from the Supreme Court could settle the issue for all 50 states. If it upholds the bans, more states may pass them. Schools and colleges would need to check biological sex for teams. This could lead to more lawsuits over enforcement.

If the court strikes down the laws, states with bans might need to change them. They could add rules on hormone levels or age. Half the states now let transgender girls compete in line with their identity. A loss for the states might push those places to tighten rules anyway.

Sports groups worry about fairness. Track and swimming have seen transgender wins in women's categories. Others say inclusion helps mental health for transgender youth. School sports affect scholarships and records.

The cases touch bigger fights over transgender rights. Democrats split on the issue. Republicans back the bans. The ruling could shape Title IX for years. It might say if sex means biology or includes gender identity.

Justices seemed open to limits on the bans. Some asked about case-by-case reviews instead of total bans. Gorsuch mentioned age cutoffs or hormone tests. This could mean states keep some control but allow exceptions.

Lower courts split before this. The 9th Circuit struck Idaho's law. The 4th Circuit struck West Virginia's. District courts went both ways. The Supreme Court often steps in on divides like this.

Pepper-Jackson ran in meets while courts blocked the ban. West Virginia says this hurt other girls' chances. Hecox graduated without running under the law.

Families of both athletes say sports build community. Bans keep transgender kids out. State leaders say they protect the most girls. The court will decide by June or July.

Transgender youth face these rules in 27 states now. Some laws cover K-12 and college. Others just school sports. Enforcement varies. A few states test sex if challenged.