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Supreme Court to Hear Cases Testing State Bans on Transgender Girls in Sports

The arguments will test whether federal sex-discrimination law covers gender identity with consequences that could reach far beyond athletics.

Overview

  • The justices will hear oral arguments Tuesday in Little v. Hecox and West Virginia v. B.P.J., and lower-court injunctions currently block both state bans.
  • The disputes ask whether Title IX and the Equal Protection Clause prohibit categorical exclusions of transgender girls from girls’ and women’s teams, and the Idaho appeal also raises a live mootness issue after Lindsay Hecox sought to drop her case.
  • The Trump administration supports Idaho and West Virginia in court and has ordered federal agencies to withhold education funds from programs that allow transgender girls to compete, prompting NCAA policy changes.
  • A ruling that narrows the legal meaning of “sex” could enable federal funding penalties for states that permit transgender participation and influence policies on bathrooms, passports and other contexts.
  • The plaintiffs are West Virginia student Becky Pepper-Jackson and Idaho athlete Lindsay Hecox, and a decision is expected by early summer with live audio of Tuesday’s arguments available.