One week after the U.S. Supreme Court allowed states to ban gender-affirming care for transgender minors, the Court announced it will take on two more critical cases in its next term—this time, over transgender students’ rights in school sports. The cases come from West Virginia and Idaho, where state laws ban transgender girls from competing on girls’ and women’s sports teams. The athletes at the heart of the challenges are 15-year-old high schooler Becky Pepper-Jackson and 24-year-old college student Lindsay Hecox.
Both have won lower-court rulings allowing them to play on teams aligning with their gender identity. The American Civil Liberties Union, which represents them, welcomed the Court’s decision to review the bans. Supporters of the bans claim they ensure fairness in women’s athletics. But the ACLU’s Joshua Block disagrees.
Speaking to The Advocate, Block said,
“Trans kids play sports for the same reasons their peers do—to learn perseverance, dedication, teamwork, and to simply have fun with their friends.”
He warned that banning trans youth from playing will make schools less safe and more hurtful for all youth.
Pepper-Jackson takes puberty blockers, while Hecox has undergone hormone treatments including testosterone suppression and estrogen. Both were previously granted injunctions that let them compete, although Pepper-Jackson’s win was partially reversed before being reinstated by an appeals court. Hecox also prevailed before the U.S. Court of Appeals for the Ninth Circuit.
West Virginia’s law defines female athletes strictly by their biological sex assigned at birth. Idaho’s similar statute states that sports designated for females, women, or girls should not be open to students of the male sex.
West Virginia Attorney General JB McCuskey cheered the Supreme Court’s decision to hear the case, posting on Twitter,
“More huge Supreme Court news today! Stay tuned.”
With over half of U.S. states having passed similar bans, the Supreme Court’s upcoming ruling could set a precedent nationwide, determining whether these laws violate Title IX and the Equal Protection Clause of the Constitution.
