WASHINGTON, DC — Today, the US Supreme Court allowed states to deny transgender girls and women the right to participate in school sports. In a combined decision, the Court effectively blessed state laws requiring proof of "biological sex" to participate in girls’ and women’s sports teams, exposing even the youngest athletes to intrusive and degrading measures. Since 2020, 27 states have banned transgender girls and women from participating in school sports on an equal basis. Lindsay Hecox, a college student in Idaho, and B.P.J., a then-middle schooler in West Virginia, challenged these bans.

The United States Supreme Court reversed lower court rulings declaring West Virginia and Idaho’s laws illegal as applied to Lindsay and B.P.J., permitting the state laws to take effect. The Court held that Title IX and the Equal Protection Clause allow schools to provide separate sports teams defined by "biological sex."

This decision clears the way for states to bar transgender girls and women from participating on sports teams that align with their gender identity. But importantly, today’s decision does not impact the ability of transgender girls and women in states that prohibit gender identity discrimination, like California, to participate in school sports matching their gender identity, alongside their cisgender peers.

"Today’s decision sends a dangerous message that some students are less worthy of dignity, opportunity, and belonging," said Celina Stewart, CEO of the League of Women Voters. "Policies that intentionally target and marginalize young people simply for who they are weaken our democracy and violate the values of fairness and inclusion that define who we are as a nation. The League stands in solidarity with all affected students, and we remain committed to ensuring that equality  becomes a lived reality for everyone."

"Lindsay and B.P.J. only wanted the opportunity to play, like any other student," said Rachel Stein, directing attorney of Public Counsel’s Education Equity Project. "Students who participate in sports do better in school, earn more when they join the workforce, and enjoy lifelong health benefits. The Court denied Lindsay and B.P.J. those benefits. Because of the Court’s decision, transgender girls and women in states without protective laws will be denied the benefits of sports and excluded from important social experiences."

"The Court’s rhetoric endangers transgender girls and women," said Tara Ford, senior counsel of Public Counsel’s Opportunity Under Law Project. "It is more important than ever for states to affirmatively protect the rights of transgender women and girls to participate in sports."

Today’s decision is limited to anti-transgender discrimination in the context of sports. The Court also declined to address whether anti-transgender discrimination should receive heightened scrutiny, finding that West Virginia’s and Idaho’s laws made distinctions on the basis of sex.

The League of Women Voters, joined by Public Counsel and 14 other organizations, and supported by  Hutchinson Black and Cook and Zalkind Duncan & Bernstein, filed an amicus brief in both cases supporting transgender girls and women who want to play school sports. The brief explained that anti-trans bans harm all girls and women, including cisgender girls and women, by reinforcing gender stereotypes, exposing them to harmful, invasive scrutiny, and violations of their privacy.

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