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The Supreme Court decided Thursday to review state bans on transgender athletes participating in public school sports.
Oral arguments will likely be heard later this fall regarding two cases in Idaho and West Virginia. Both cases are focused on state laws that prevent biological males from competing on girls’ and women’s sports teams.
Transgender athlete Becky Pepper-Jackson qualified for the West Virginia girls high school state track meet, finishing third in the discus throw and eighth in the shot put in the Class AAA division. (Kirby Lee-USA TODAY Sports)
West Virginia, which enacted the “Save Women’s Sports Act” in 2021, is appealing a lower-court ruling that allowed transgender athlete Becky Pepper-Jackson to compete on the school’s cross-country and track teams. This past year, Pepper-Jackson qualified for the West Virginia girls high school state track meet, finishing third in the discus throw and eighth in the shot put in the Class AAA division.
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The 4th U.S. Circuit Court of Appeals ruled in favor of Pepper-Jackson, who has been taking puberty-blocking medication, in an April 2024 ruling based on the Constitution’s equal protection clause.
“It’s a great day, as female athletes in West Virginia will have their voices heard,” West Virginia Attorney General John McCuskey said in a statement. “The people of West Virginia know that it’s unfair to let male athletes compete against women; that’s why we passed this commonsense law preserving women’s sports for women.”
“We are confident the Supreme Court will uphold the Save Women’s Sports Act because it complies with the U.S. Constitution and complies with Title IX,” McCuskey added. “And most importantly: it protects women and girls by ensuring the playing field is safe and fair.”
A transgender rights supporter takes part in a rally outside the U.S. Supreme Court as the high court hears arguments in a case on transgender health rights on Dec. 4, 2024 in Washington, D.C. (Photo by Kevin Dietsch/Getty Images)
Idaho, which became the first state in the country to ban transgender athletes from girls’ and women’s sports in 2020, asked the Supreme Court to hear its case involving Lindsay Hecox, a trans athlete wanting to compete on Boise State’s women’s track team.
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A 9th U.S. Circuit Court of Appeals panel upheld an injunction blocking Idaho state law in 2023.
“Idaho’s women and girls deserve an equal playing field,” Idaho Attorney General Raul Labrador said in a statement. “I am thrilled the U.S. Supreme Court has agreed to hear our case.
“For too long, activists have worked to sideline women and girls in their own sports. Men and women are biologically different, and we hope the court will allow states to end this injustice and ensure men no longer create a dangerous, unfair environment for women to showcase their incredible talent and pursue the equal opportunities they deserve.”
Thursday’s news followed a major victory for the Trump administration’s battle to safeguard the protections of girls’ and women’s sports. The University of Pennsylvania agreed to adhere to the resolution agreement reached with the U.S. Department of Education Office for Civil Rights after an investigation found that UPenn violated Title IX during the 2021-22 season because of the inclusion of transgender swimmer Lia Thomas.
Texas swimmers Erica Sullivan and Evie Pfeifer embrace as 500 Freestyle winner Lia Thomas walks past during the NCAA Swimming and Diving Championships on March 17, 2022 at the McAuley Aquatic Center in Atlanta. (Photo by Rich von Biberstein/Icon Sportswire via Getty Images)
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As part of the resolution, UPenn agreed to restore titles previously held by Thomas and issue an apology to female athletes impacted by the university’s policy, which the Education Department found had violated Title IX.
The Associated Press contributed to this report.
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