WASHINGTON — The U.S. Supreme Court upheld state laws barring transgender girls from competing on girls' and women's school sports teams, ruling that the restrictions do not violate either the federal Title IX education law or the U.S. Constitution, in a landmark decision that is expected to shape policies nationwide.
The ruling, issued on June 30 and among the court's final decisions of its current term, resolved challenges to laws enacted in West Virginia and Idaho. Justice Brett Kavanaugh wrote the court's principal opinion, with the justices unanimously agreeing that Title IX permits schools to maintain separate athletic teams based on biological sex. On the constitutional question, the court divided 6-3, with the conservative majority concluding that the state laws do not violate the Equal Protection Clause of the Fourteenth Amendment.
Kavanaugh wrote that states have legitimate interests in preserving fairness and safety in girls' and women's athletics and that defining eligibility by biological sex is consistent with those objectives. He also wrote that transgender students should be treated with dignity and should not be subjected to harassment or mistreatment.
Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, dissented from the constitutional portion of the ruling. The dissent argued that the laws discriminate against transgender students and criticized the majority for adopting what it described as an overly broad approach that failed to adequately consider individual circumstances.
The cases were brought by Becky Pepper-Jackson, a transgender student challenging West Virginia's law, and Lindsay Hecox, who challenged Idaho's statute. Lower courts had previously blocked portions of the restrictions before the disputes reached the Supreme Court.
Supporters of the state laws, including Republican officials and organizations advocating for women's sports, welcomed the decision as affirming states' authority to preserve separate female athletic competitions. Civil rights organizations, including the American Civil Liberties Union, condemned the ruling, saying it permits discrimination against transgender youth and would have broad consequences beyond the two states involved.
The decision follows a series of recent Supreme Court rulings upholding other restrictions affecting transgender people and is expected to influence ongoing litigation involving similar laws in more than two dozen states. The West Virginia and Idaho laws remain in effect, while lower courts are expected to apply the Supreme Court's legal framework in related cases.
