The U.S. Supreme Court has entered another legal battle over transgender inclusion policies, upholding state laws prohibiting transgender athletes from participating in girls’ and women’s sports.
In a 6-3 decision that was consistent with conservative and liberal principles, the court ruled against two transgender students from West Virginia and Idaho who had challenged the restrictive regulations.
In his 29-page opinion, Judge Brett Kavanaugh wrote that “[c]Under Title IX and the Equal Protection Clause, we hold that States may maintain women’s and girls’ sports for biological females. They can determine women’s and girls’ sports eligibility based on biological sex. The Constitution and Title IX do not require sweeping changes to women’s and girls’ sports across America.”
All nine justices agreed that the ban was permitted under Title IX, but disagreed on whether it was constitutional.
Judge Clarence Thomas stated: “The Court correctly finds that neither Title IX nor the Equal Protection Clause prohibits States from offering athletics segregated by sex. A man has no right to compete with women simply because he believes he is a woman.”
Judge Sonia Sotomayorin the opinion he joined Judges Elena Kagan AND Ketanji Brown Jacksonstated that “the majority shows great compassion for those it favors: young cisgender girls and women who play sports. I share that sympathy. Playing sports can lead to immeasurable benefits, and many people are understandably invested in ensuring that competition remains fair and safe. However, since the majority causes hardship for those it despises by not giving them the fair and full opportunity required by the Constitution to adjudicate their claims, I respectfully dissent.”
“Because of the Court’s decision today,” Sotomayor concluded, “West Virginia and any other state entity can deprive BPJ and other entities like it” of the benefits of sports “simply because it believes they have an inherent athletic advantage, even if the facts show that they do not. Ultimately, for the Court,” Sotomayor argued, “the facts do not matter, even though the consequences are serious.”
While the ruling only directly affects West Virginia and Idaho, it will likely have an impact 25 other states with similar prohibitions. Pennsylvania lawmakers are currently arguing over the bill, while among neighboring states, only Ohio and West Virginia have gender identity-specific sports bans.
While this ruling does not directly apply to private schools that do not receive federal funding, it still provides useful context, particularly for K-12 private elementary and middle schools subject to state and local sex discrimination laws.
“BIG VICTORY: THE U.S. Supreme Court Just RULED AGAINST MEN ELIGIBLE WOMEN ATHLETES.” President Donald Trumpwhose administration supports bans, – he said on Truth Social.
Representatives of John Joyce (R-13) i Mike Kelly (R-16) agreed with Trump.
“A great victory for America’s daughters and granddaughters.” he tweeted Joyce. “I commend the Supreme Court for today’s ruling protecting biological female athletes and their right to compete fairly. Bottom line: men do not belong in women’s sports. Common sense prevailed today.”
“Today’s Supreme Court ruling confirms a truth that so many Americans have always known,” Kelly said in a statement. “Prior to serving in Congress, I spent years as a youth sports coach. I know the real benefits sports can bring to both boys and girls, both on and off the field. Protecting girls’ and women’s sports is essential, and today’s ruling does just that.”
Country Senator Judy Ward (R-Blair/Fulton/Huntingdon/Juniata/Mifflin), the lead sponsor of the Pennsylvania Senate-passed Save Women’s Sports Act, said the ruling was based on common sense.
“The court confirmed what the plain language of Title IX has always made clear: the law refers to biological sex and allows separate sports teams for men and women,” Ward said. “The court also ruled that the Equal Protection Clause gives states the ability to limit women’s participation in women’s sports on the basis of biological sex, allowing states to protect the safety, fairness and competitive opportunities of women and girls. Pennsylvania is long overdue to enact legislation protecting these same principles. Once again, the Supreme Court has affirmed that states have the right to protect their citizens. Pennsylvania must act now.”
Senate bill 9 passed the GOP-controlled Senate with a 32-18 bipartisan vote, but stalled in the Democratic-controlled House of Representatives, where yesterday it was moved from the Judiciary Committee to the Health Committee for the third time.
“Despite yesterday’s SCOTUS ruling, House Democrats are resorting to the same game to avoid taking a position on protecting women’s sports,” AP Republicans wrote in a social media post. “Now the question is how many times will they resend the bills before they just admit they are afraid of voting?”
Montgomery County Rep. Joe Webster he said the decision focused vulnerable youth on political debate in search of an issue.
“To transgender students and those who love them who are following this latest development in the law, please know that your allies in the AP House continue to work for a better Pennsylvania for all its residents,” he wrote in a social media post. “We will continue to defend and uplift human rights and equality in every case. We will continue to work with advocacy groups and committed nonprofit organizations that support our transgender youth. We see you, we support you, and we will continue to fight for you.”
The Education Law Center-PA disagreed with the ruling, saying that every student deserves the opportunity to learn, develop and participate fully in school life.
“School sports provide students with important opportunities to build self-confidence, develop leadership skills, form meaningful relationships and experience belonging,” she said Krystyna Moonsenior attorney at Education Law Center-PA. “Excluding transgender students from these opportunities undermines these goals and sends a harmful message that some young people do not belong and do not have the right to participate fully in school. We will continue to fight to ensure that all transgender students enjoy welcoming and inclusive schools across Pennsylvania.”
The League of Women Voters of Pennsylvania called the decision “disgusting.”
“These rulings, even those that we believe are constitutional and uphold democratic principles and norms, reflect a systematic attempt by the Supreme Court to deprive Americans of their most basic, fundamental and long-established freedoms,” he said. Amy Widestromexecutive director of the League of Women Voters of Pennsylvania.
President of the NCAA Charlie Baker does not believe that the organization will have to change its policies regarding transgender athletes in featherlight of the ruling.
“After I got this job, I told people, Democrats and Republicans in Washington, that we needed some clarity on what the national standard would be on this issue, so we adopted and followed the standard proposed by the Trump administration,” Baker said. “I think what happens at the state level is a different issue.”
The National Education Association said the decision would cause real and lasting harm to students of all genders.
“As a nation, we decided long ago that discrimination is wrong and that everyone, regardless of gender, race or location, deserves an equal opportunity to succeed,” said NEA President Becky Pringle. “This commitment must include transgender youth who, like all students, deserve the opportunity to participate fully in school, develop and prepare for the future. Sports teach juvenile people leadership, self-confidence, self-discipline and teamwork; lessons that should not be denied to any child because of who they are. Today’s Supreme Court decision in BPJ and Hecox ignores the voices of educators who understand the value of access to school sports and the importance of inclusion and belonging.”
