From a June 30 press release:
WASHINGTON—This morning, the Supreme Court of the United States issued its ruling in two cases—West Virginia v. B.P.J. and Little v. Hecox—brought to the Supreme Court by states defending categorical bans on transgender women and girls participating on women’s and girls’ sports teams. The Supreme Court upheld Idaho and West Virginia’s sports bans, holding that these laws do not violate either Title IX or the Equal Protection Clause.
“This ruling is deeply harmful for transgender women and girls who only asked for the ability to participate in sports with their peers,” said Sasha Buchert, senior attorney and director of the Non-Binary and Transgender Rights Project, Lambda Legal. “Countless studies have demonstrated the myriad benefits that come with participation in team sports. Now, one population, transgender youth and collegians, are targeted for specific and baseless discrimination. We will not be deterred and will continue to fight back to secure the equal participation that all youth, including transgender youth, deserve.”
“This is a heartbreaking ruling for our clients and transgender girls like them who’ve asked for nothing more than the same opportunities afforded to their peers.” said Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Rights Project. “The reality is that the equality of transgender women and girls takes nothing away from, and in fact promotes, the equality of all women and girls. We will continue to advance the fundamental principle that all young people deserve equal opportunity to thrive and succeed.”
“It is profoundly unfair to deny a young person the benefits of teamwork and dedication because of who they are,” said Kelly O’Neill, Legal Voice’s Idaho attorney. “We should be removing barriers for girls and women in sports, not creating new ones.”
“No kid—not my kid, not your kid, not any kid—deserves to be discriminated against. Yet this ruling is heartbreaking for transgender student athletes who are being forced to sit on the sidelines simply for who they are. When politicians convince the public that any girl could be ‘the wrong kind of girl,’ they invite harassment, intimidation, invasive questioning, or even an inspection of their body by a total stranger. It’s sadly just the latest decision by the conservative justices on the Supreme Court to roll back protections for marginalized communities and create a second class citizenship for millions of people. We are sacrificing the dignity, privacy, and safety of America’s young people to solve a problem that was manufactured and exploited for political gain.”
“While we know this administration and other anti-equality politicians won’t stop obsessing over trans kids, we must all call on states to adopt inclusive policies so that no one gets left behind for being their authentic selves. We must show up in large numbers for every school board, local, and state and federal election to be sure our communities are heard. We must continue this fight with full force until freedom, justice and equal opportunity are not flimsy promises, but nationwide guarantees.”
The two cases argue that the bans violate the rights of two transgender female student-athletes under the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. In addition, West Virginia v. B.P.J. argues that the ban violates Title IX, the federal law prohibiting sex discrimination in educational programs. Federal courts have blocked enforcement of these bans in both lawsuits.
Since 2020, 27 states have banned transgender youth from playing school sports. Many of these bans allow for invasive forms of sex testing that put all female student-athletes at risk and embolden intrusive challenges to student-athletes’ sex.
In Florida, a 15-year-old junior varsity volleyball player was the subject of a police investigation after an anonymous accusation, prompting local officials to draft a 500-page report investigating her medical history, body weight, and anatomy. In Utah, a teenage basketball player was accused of being transgender by a member of the state board of education, leading to threats of violence against her and her family, and a teenager in Maine faced a similar attack from a state senator. In May, President Donald Trump similarly targeted a 16-year-old transgender girl for participating in a high school track meet. Under an Arizona ban, a cisgender male student was prohibited from participating on the boys’ team at his high school because of a clerical error that listed him as female on his original birth certificate.
Many women athletes have spoken out against bullying and discrimination against transgender student-athletes, including Billie Jean King, Megan Rapinoe, Dawn Staley, Sue Bird and Brianna Turner, as well as leading organizations fighting for gender equality in athletics, including the Women’s Sports Foundation, the Women’s National Basketball Player’s Association and the National Women’s Law Center.
In a separate June 30 press release, HRC President Keley Robinson said, “No kid—not my kid, not your kid, not any kid—deserves to be discriminated against. Yet this ruling is heartbreaking for transgender student athletes who are being forced to sit on the sidelines simply for who they are. When politicians convince the public that any girl could be ‘the wrong kind of girl,’ they invite harassment, intimidation, invasive questioning, or even an inspection of their body by a total stranger.”
“…While we know this administration and other anti-equality politicians won’t stop obsessing over trans kids, we must all call on states to adopt inclusive policies so that no one gets left behind for being their authentic selves. We must show up in large numbers for every school board, local, and state and federal election to be sure our communities are heard. We must continue this fight with full force until freedom, justice and equal opportunity are not flimsy promises, but nationwide guarantees.”
Officials from the National Center for LGBTQ Rights also responded to the SCOTUS decision in a June 30 release.
“This is a disappointing decision, but also a narrow one that leaves the door open for the many states and schools that have adopted reasonable policies that protect both fairness and inclusion with respect to transgender students. Today’s limited decision means that states and schools across the country still have the power to make reasonable rules to ensure fairness without banning all transgender girls,” said Shannon Minter, National Center for LGBTQ Rights legal director. “Many transgender girls, given age or medical treatments, may only go through female puberty or may otherwise have no relevant competitive advantage. Like other health or medical considerations in sports, reasonable policies for transgender student athletes rely on individual assessments rather than blanket bans. Every child deserves the chance to play sports with their friends and learn the lessons sports teach, including determination, resilience, and teamwork.”
“The Court’s ruling today ignores clear discrimination and political attacks against transgender girls. Blanket bans on transgender girls playing school sports invite anyone to call for a ‘gender check’ on any girl who wants to play sports if they think she is ‘too tall’ or ‘too strong,’” said Rachel Berg, National Center for LGBTQ Rights staff attorney. “Local schools and sports associations should be handling this issue, not politicians.”