Supreme Court Upholds Idaho and West Virginia Bans on Transgender Athletes in Girls’ School Sports, 6-3

The U.S. Supreme Court on Tuesday upheld state laws in Idaho and West Virginia that bar transgender athletes from competing in girls’ and women’s school sports. The 6-3 decision determined that the bans do not violate the U.S.

Constitution or Title IX. All nine justices agreed that schools may define sex as biological sex when separating athletic teams. Justice Brett Kavanaugh wrote for the six-justice majority that the term sex in Title IX cannot plausibly be interpreted to refer to anything other than biological sex.

He added that biological males generally possess inherent physical advantages in sports and that sports are generally zero-sum. Justice Sonia Sotomayor dissented, joined by the two other liberal justices. She argued the case should return to district court to assess whether transgender girls who received puberty blockers and hormones retain athletic advantages.

Justice Clarence Thomas wrote in a concurrence that men and boys with gender dysphoria are not women or girls even if they believe they are. The ruling allows states to ban transgender student athletes from playing on girls’ and women’s teams but does not require states to do so. Twenty-seven U.S.

States have laws that separate sports teams based on sex identified at birth. The NCAA and the International Olympic Committee have adopted similar rules separating teams by biological sex. In March the International Olympic Committee stated there is no current evidence that testosterone suppression or gender-affirming hormone treatment eliminates athletic advantage.

Last year the Court declined to invalidate a state ban on puberty blockers and hormones for minors with gender dysphoria in United States v. Skrmetti. Last September plaintiff Lindsay informed the Court she had decided to cease playing women’s sports.

This spring plaintiff Becky became the state champion in shot put.