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The US Supreme Court has upheld state laws that bar transgender women and girls from competing on sports teams that do not align with the sex they were assigned at birth, a ruling that allows states to impose restrictions on transgender student athletes. The decision, issued on Tuesday, upholds laws in Idaho and West Virginia that designate sports teams at public schools, including universities, according to "biological sex" and bar "students of the male sex" from female teams, as reported by France 24 and Al Jazeera.

The court decided 9-0 that the state laws do not violate the Title IX civil rights statute, which prohibits discrimination in education on the basis of sex. However, the justices were divided 6-3 on whether the measures also violate the Constitution's 14th Amendment guarantee of equal protection under the law, according to the Jerusalem Post and Al Jazeera.

Conservative Justice Brett Kavanaugh wrote the majority opinion, stating: "Consistent with Title IX and the Equal Protection Clause, we hold that the states may maintain women's and girls' sports for biological females. They may determine eligibility for women's and girls' sports based on biological sex. The Constitution and Title IX do not require an overhaul of women's and girls' sports throughout America," as quoted by the Jerusalem Post.

The ruling overturns decisions by lower courts that had sided with transgender students who challenged the bans as violating the US Constitution and federal anti-discrimination law, according to several outlets including France 24 and South China Morning Post.

Coverage comparison

Across the coverage, the ruling is consistently described as a significant victory for conservatives in the ongoing debate over transgender participation in sports. The South China Morning Post called it "a major victory for conservatives in the culture wars," while The Guardian noted the court's conservative supermajority upheld the laws. The Intercept described the decision as "anti-trans" and "horrendous," highlighting the court's "far-right" majority, though it also noted the ruling does not constitute a nationwide ban on trans athletes.

The BBC reported that the court considered cases from students in two different states who had challenged bans, and that more than two dozen states have enacted similar bans since Idaho did so in 2020. France 24 and the Jerusalem Post both noted that twenty-five other states have similar laws on the books, while The Hindu reported that more than two dozen Republican-led states have adopted similar bans. The Intercept put the number at twenty-seven states.

The Guardian reported on the NCAA's response, noting that Charlie Baker, the NCAA president, said the organization does not anticipate adjusting its rules on transgender athletes after the decision. The Guardian also reported on reactions from transgender youth athletes, who vowed to keep playing sports and fighting for equal access. The Intercept quoted legal scholar and trans rights advocate Alejandra Caraballo, who criticized the political and legal effort spent on the case.

Key claims

  • The US Supreme Court upheld state laws banning transgender girls and women from playing on female sports teams, a claim carried by all sources.
  • The ruling applies to two cases, one from Idaho and one from West Virginia, as reported by multiple outlets including The Intercept and The Guardian.
  • The court decided 9-0 that the state laws do not violate Title IX, but split 6-3 on the equal protection issue, according to the Jerusalem Post and Al Jazeera.
  • More than two dozen states, with numbers varying from 25 to 27, have enacted bans on transgender athletes in school sports, as reported by France 24, BBC, The Intercept, and others.
  • The ruling does not constitute a nationwide ban on transgender athletes, a point emphasized by The Intercept and The Guardian.
  • The NCAA president said the organization does not anticipate adjusting its rules on transgender athletes after the decision, a claim carried by The Guardian.
  • More than 20 states have inclusive policies allowing transgender students to play on teams that match their gender, as reported by The Guardian.

Perspectives

Conservative and state officials

Supporters of the bans, including Republican-led states and the Trump administration, argue that the laws preserve fair and safe competition for women and girls. The Trump administration backed the states in the litigation, as reported by the South China Morning Post and the Jerusalem Post.

Transgender athletes and advocates

Transgender youth athletes and LGBTQ+ advocates have vowed to continue fighting for equal access to sports. They argue the ruling is a setback but note that its immediate legal impact is narrow and does not create a national ban. More than 20 states have inclusive policies, as reported by The Guardian and The Intercept.