Lower courts have supported transgender students who argue that these bans violate the US Constitution and a federal anti-discrimination statute.
Tuesday marks the final day for the court’s rulings in its current term, which commenced in October.
The laws in Idaho and West Virginia classify public school sports teams, including those at universities, based on “biological sex,” prohibiting “students of the male sex” from joining female teams. In total, twenty-five other states have enacted similar legislation.
The administration of Republican President Donald Trump, known for its crackdown on transgender rights, has endorsed the states in this legal battle.
Proponents of the laws, Idaho and West Virginia, argue that they ensure fair and safe competition for women and girls. In contrast, critics regard these measures as a broader attack on the rights of transgender individuals.
The students who challenged these laws claim they discriminate based on a person’s sex or transgender status, violating the equal protection guarantee of the 14th Amendment and the Title IX civil rights law, which prohibits educational discrimination based on sex.
Major 2025 ruling
In a significant ruling last year concerning transgender rights, the Supreme Court allowed states to ban medical treatments, including puberty blockers and hormones, for individuals under 18 who are experiencing gender dysphoria, a term describing the distress arising from a mismatch between gender identity and sex assigned at birth.
With a 6-3 conservative majority, the Supreme Court has previously supported various restrictions on transgender individuals, such as endorsing Trump’s ban on transgender people in the military and prohibiting passport applicants from choosing a gender identity that reflects their identity.
In 2020, the court issued a historic ruling safeguarding transgender individuals from workplace discrimination under Title VII of the Civil Rights Act of 1964, which contains language similar to that in Title IX.
The debate over transgender athletes participating on female sports teams has become part of the ongoing US culture wars.
Since his return to office in January 2025, Trump has adopted a stringent stance on transgender rights, labeling the gender identities of transgender individuals as false and signing numerous executive orders to restrict their rights, including one concerning sports participation.
The challenge against West Virginia’s law was initiated by Becky Pepper-Jackson and her mother, Heather Jackson. Pepper-Jackson is a high school student in Bridgeport, West Virginia, and competes in shot put and discus.
The legal challenge in Idaho was brought by Lindsay Hecox, a transgender student who had previously competed in soccer and running clubs at Boise State University, a public institution.
Hecox opted to cease participating in sports and sought to dismiss her case, partially due to concerns about harassment and increasing intolerance toward transgender individuals. Her attorneys argued that this rendered her legal challenge moot.
The Supreme Court heard arguments in January, during which its conservative justices expressed concerns about establishing a nationwide standard amidst ongoing disputes and uncertainty regarding whether treatments like puberty blockers or gender-affirming hormones could mitigate male physiological advantages in sports.
