Supreme Court upholds ban on transgender athletes competing in women's sports in West Virginia and Idaho

The U.S. Supreme Court on Tuesday upheld state laws in West Virginia and Idaho that ban transgender individuals from competing in women's sports. The Supreme Court released its decision on Tuesday. In addition to upholding those state laws, the Supreme Court unanimously ruled that transgender bans in sports are not a violation of Title IX.

In its decision, the Supreme Court sought to answer whether "schools may maintain women's and girls' sports teams for biological females" under Title IX and the Equal Protection Clause of the Fourteenth Amendment.

The Supreme Court considered two cases when making its decision. The first one occurred in West Virginia in 2021. That year, the state enacted the Save Women's Sports Act, which "prohibits male students from playing on female teams." That particular law states that sex is determined by biology, or the sex an individual is assigned at birth.

West Virginia was sued by an individual — identified as B.P.J. in the decision — who identifies as female and sought to participate on the girls' cross country and track-and-field teams at her school. B.P.J. sued the state for alleged Title IX violations and possible violations of the Equal Protection Clause of the Fourteenth Amendment.

The other case occurred in Idaho, which in 2020 enacted the Fairness in Women's Sports Act, "which prohibits male students from participating on female teams." That law also states that sex is determined by biology.

It involves another athlete — identified as Respondent Hecox in the decision — who identifies as female and wanted to compete on a women's club soccer team. Hecox was assigned male at birth. She eventually sued Idaho, alleging violations of the Equal Protection Clause.

After considering both cases, the Court determined "that separate sports teams for biological males and biological females are reasonable given the inherent physical differences between the sexes."

Additionally, the Court rejected claims by B.P.J. that West Virginia was violating Title IX. The Court noted, "While it is an unhappy occasion whenever a student who wants to play sports cannot do so, the Title IX regulations guarantee only 'equal athletic opportunity.'"

Shortly after making that determination, the Supreme Court ruled that "West Virginia and Idaho did not violate the Equal Protection Clause of the Fourteenth Amendment."

The Court found that the laws being challenged as part of the lawsuits by B.P.J. and Hecox "do not classify based on gender identity or transgender status." The laws in question classify "instead on the basis of biological sex," the Court determined.

Because of that, the Court upheld the bans put in place by West Virginia and Idaho.

The ruling has potentially wide-ranging consequences for transgender athletes looking to participate in sports. While West Virginia and Idaho were the only two states to have their bans upheld, 25 other states have enacted similar laws.

The Supreme Court's decisions on both issues — Title IX and the Equal Protection Clause — set the precedent for those states to also have their transgender bans upheld if challenged in court. It also creates a more viable pathway for other states to enact similar laws banning transgender athletes from competing in women's sports.