- The U.S. Supreme Court heard oral arguments over Idaho and West Virginia laws restricting transgender athletes from female sports teams.
- The central dispute: whether bans based on biological sex violate the Equal Protection Clause or Title IX.
- A ruling is expected by summer, with potential to reshape athletic eligibility policies nationwide.
The U.S. Supreme Court on Wednesday grappled with state laws from Idaho and West Virginia that bar transgender athletes from competing on female sports teams, as justices weighed arguments over sex discrimination and athletic fairness. The cases, which have drawn intense national attention, pit the states' push to preserve sex-separated sports against claims that the policies unlawfully exclude transgender girls and women.
Chief Justice John Roberts and Justice Brett Kavanaugh appeared to be key swing votes, pressing both sides on the scope of Title IX. The Biden administration, which backs the states, argued that the 1972 law allows sex-based distinctions in sports. "The whole point is to preserve opportunities for biological females," said U.S. Solicitor General Elizabeth Prelogar, representing the federal government.
Idaho's law, which took effect in 2020, was blocked by a federal appeals court after a transgender college athlete challenged it. West Virginia's similar ban, covering middle school through college, was temporarily halted by a lower court. The justices' questions suggested skepticism toward both the broadest claims for transgender inclusion and the most restrictive state measures.
Plaintiffs include a 12-year-old transgender girl in West Virginia who sought to try out for her middle school track team. "This case is about whether my daughter can be who she is," said her mother in an interview, declining to be named. The family's lawyers argue the bans are rooted in "outdated stereotypes."
Outside the courthouse, demonstrators on both sides held signs. "Protect Women's Sports" and "Trans Rights Are Human Rights" were among the chants. The court is expected to issue a decision by late June.
Correction: An earlier version of this article misstated the name of the Idaho law. It is the Fairness in Women's Sports Act, not the Idaho Women's Protection Act.