High Court Poised to Endorse State Restrictions on Transgender Athletes

There seems to be an inclination within the U.S. Supreme Court to support state-level statutes that restrict the inclusion of transgender athletes in girls' and women's sports competitions.

Up until now, 27 states have established statutes that limit transgender participation in sporting events. Proponents argue these statutes are essential to maintain equitable competition and to ensure that athletes assigned male at birth do not possess a competitive edge over female athletes. However, detractors claim these legislative actions wrongly discriminate based on sex and contravene federal laws as well as constitutional protections for equal rights.

Cases from Idaho and West Virginia

The court is currently examining two distinct cases. One case concerns a student from Boise State University in Idaho, who was prevented by state law from attempting to join the varsity women’s track team. The other case involves a West Virginia middle school student prohibited from participating in school sports due to similar state legislation.

Despite the Supreme Court's decision in 2020 that expanded federal protections against sex discrimination in employment to include gay and transgender individuals, the court has more recently affirmed state prohibitions on medical treatments such as hormones for minors with gender dysphoria. It also upheld policies limiting the presence of transgender individuals in the military and enforced the requirement that passport applicants declare their sex as assigned at birth.