The Supreme Court of the United States has ruled that states have the right to bar transgender women from participating on girls’ and women’s sports teams in public schools and colleges, leaving in place laws passed in Idaho and West Virginia.
According to the ruling, these state-imposed bans do not conflict with Title IX, the federal law that prohibits discrimination on the basis of sex in educational institutions. Regarding the 14th Amendment to the US Constitution, the court’s six conservative members found that the measures do not violate the principle of equal protection, while the three liberal justices opposed that position.
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Writing for the majority, Justice Brett Kavanaugh emphasized that neither the Constitution nor Title IX requires changing the rules governing sports for women and girls in the United States. In contrast, Justice Sonia Sotomayor wrote in her opinion that the majority had adopted an overly narrow interpretation of the principle of equal protection.
The ruling came after lawsuits were filed by transgender students against the laws in Idaho and West Virginia, which require athletes to compete according to the sex recorded at birth. One of the lawsuits argued that the ban was contrary to the US Constitution, while the other contended that it violated federal civil rights law.
One of these lawsuits was filed by Lindsay Hecox, a transgender long-distance runner, who challenged Idaho’s law as soon as it took effect. Previously, lower courts had blocked the enforcement of that law, and an appellate court panel had concluded that the state had not provided sufficient evidence that the ban protected fairness and opportunities for female athletes.
Barbara Ehardt, the Idaho lawmaker who proposed the law in 2020, had said the initiative was intended to ensure fairness for girls and women in sports. Since that time, more than two dozen states in the US have passed similar laws.
The ruling has been welcomed by Republican officials. West Virginia Attorney General JB McCuskey described it as a victory for the fairness and safety of female athletes. President Donald Trump also reacted positively, calling it a “great victory” and stressing that the participation of transgender athletes had been part of his political platform.
