The US Supreme Court heard arguments on Wednesday in cases concerning state laws in Idaho and West Virginia that ban transgender athletes from participating in female school sports teams. After more than three hours of proceedings, the court's conservative justices appeared sympathetic to the legality of the bans.
Conservative Justice Brett Kavanaugh noted the success of women's sports over the past 50 years and suggested that allowing transgender women and girls to compete could undermine that progress. Idaho Solicitor General Alan Hurst argued that the state's law classifies on the basis of sex, which correlates with athletic advantages such as size, muscle mass, and lung capacity. 'Gender identity does not matter in sports,' Hurst said.
Challengers argued that the bans violate the 14th Amendment's equal protection clause and Title IX, which prohibits sex-based discrimination in education. However, lawyers for the states and the Trump administration contended that states may separate sports teams based on biological sex and that denying accommodations to transgender individuals does not constitute discrimination.
The plaintiffs pointed to the use of puberty blockers or gender-affirming hormones as mitigating any competitive advantages. Kathleen Hartnett, representing an Idaho plaintiff, said her client's use of testosterone suppressants and oestrogen eliminated the justification for the ban. Defenders of the bans maintained that biological advantages persist despite medical treatments.
A ruling that transgender people are not covered by Title IX could affect policies on bathroom access, pronoun use, and protections against harassment for LGBTQ+ students. The court's decision is expected in the coming months.
