WASHINGTON, DC — The League of Women Voters filed an amicus brief urging the United States Supreme Court to affirm lower court rulings defending transgender, nonbinary, and intersex students' rights to participate in school sports. The brief was filed in Hecox v. Little and West Virginia v. BPJ, which the Court will hear during its October 2025 term.
The League filed an amicus brief led by Public Counsel and advocates for women’s and girls’ rights, calling on the Court to uphold protections against discrimination and reject laws rooted in sex-based stereotypes. The brief warns that these bans threaten the rights, privacy, and safety of all women and girls, not just transgender athletes, by encouraging intrusive and discriminatory “sex-verification” practices.
“Policies that rely on rigid definitions of sex and invasive intrusion on bodies undermine both gender equity and basic civil liberties,” said Caren Short, director of legal and research for the League of Women Voters. “These laws invite suspicion and surveillance into schools and communities, permit harassment of young people, and erode fundamental constitutional protections.”
The cases challenge state laws that categorically bar transgender girls and women, as well as nonbinary and intersex students, from participating in women’s sports. The Idaho law at issue goes further than any other in the nation, permitting schools to resolve disputes about a student’s sex by demanding verification based on reproductive anatomy, genetics, or hormone levels. The League’s brief documents the long and troubling history of sex testing, highlighting its discriminatory impact and lack of scientific validity.
The League argues that affirming these bans would open the door to widespread targeting of women and girls who do not conform to narrow stereotypes about sex or appearance, while failing to advance fairness or safety in sports.
Oral argument in both cases is scheduled for January 13, 2026.
The League of Women Voters of the United States has a long history of defending equal rights and opposing discrimination. Consistent with its mission, the League continues to advocate for policies that ensure fairness, dignity, and equal opportunity for all people.
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