US Supreme Court likely to uphold state bans on transgender athletes

The US Supreme Court on Tuesday indicated it may uphold state laws that bar transgender girls and women from participating in school athletic teams, marking another potential setback for transgender rights in the United States. During more than three hours of arguments, the court’s conservative majority suggested that such bans do not violate the Constitution or federal law, including Title IX of the Education Amendments of 1972, which prohibits sex-based discrimination in education. More than two dozen Republican-led states have passed laws restricting transgender female athletes from competing in girls’ sports, while lower courts had previously ruled in favor of transgender athletes in Idaho and West Virginia . Similar bans also exist in other states, including Montana, Texas, Florida, Oklahoma, and Alabama , where transgender athletes are restricted from competing on girls’ and women’s teams.

The debate touches on broader constitutional questions about equality and discrimination. Advocates for transgender athletes cite the Equal Protection Clause of the Fourteenth Amendment, arguing that barring transgender girls from sports constitutes unlawful discrimination based on gender identity. They also argue that Title IX, which has historically expanded opportunities for women and girls in sports, should protect transgender athletes. States defending the bans counter that restricting participation is necessary to ensure fair competition, emphasizing physiological differences between men and women, and argue that Title IX was never intended to cover gender identity in sports.

The cases involve two athletes. In Idaho, 25-year-old Lindsay Hecox challenged the state’s first-in-the-nation ban to compete in Boise State University’s women’s track and cross-country teams. Though she did not make the squads, her legal team contends that the law discriminates against transgender athletes. In West Virginia, 15-year-old Becky Pepper-Jackson, who has publicly identified as female since age 8 and takes puberty-blocking medication, is the only transgender student seeking to compete in girls’ sports. She has shown remarkable progress in athletics, moving from back-of-the-pack middle school performance to placing third in statewide discus competitions in her first year of high school.

The Supreme Court’s previous rulings provide context for the current debate. In 2020, the court held that LGBTQ people are protected under federal civil rights law prohibiting sex discrimination in the workplace. However, last year, six conservative justices declined to extend similar protections to gender-affirming care for transgender minors. Chief Justice John Roberts noted distinctions between the workplace discrimination case and the current sports dispute, signaling that the court may approach the issues differently.

Prominent athletes have voiced opinions on both sides. Tennis champion Martina Navratilova, swimmers Summer Sanders and Donna de Varona, and beach volleyball player Kerri Walsh-Jennings support the bans. Soccer stars Megan Rapinoe and Becky Sauerbrunn, along with basketball players Sue Bird and Breanna Stewart, support transgender athletes’ rights to compete. The issue has gained national attention despite the small numbers involved; NCAA data from 2024 show only 10 transgender athletes among more than 500,000 college athletes. Following a Trump-era executive order, the NCAA and U.S. Olympic and Paralympic Committees barred transgender women from women’s sports. According to the Williams Institute at UCLA, approximately 2.1 million U.S. adults and 724,000 teens identify as transgender.

Justice Brett Kavanaugh, who has coached his daughters in basketball, emphasized the importance of Title IX, calling it an “amazing” success and noting that some female athletes could lose medals to transgender competitors, a harm he said “we can’t sweep aside.” Lawyers representing Pepper-Jackson argue that her early transition leaves her without competitive advantages. Idaho’s Solicitor General, Alan Hurst, told the court that the law is “necessary for fair competition because, where sports are concerned, men and women are obviously not the same.” A Supreme Court decision is expected by early summer and could shape transgender athletes’ participation rights nationwide.