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Supreme Court Weighs Transgender Athlete Bans as Education Department Opens Title IX Investigations

The cases will test the reach of Title IX as it applies to transgender students in school athletics.

Overview

  • The justices heard more than three hours of argument on January 13 in Little v. Hecox and West Virginia v. B.P.J., pressing how Title IX, the Javits Amendment, and the Court’s Bostock precedent apply to school sports.
  • Post-argument analysis indicated a likely majority to uphold many state restrictions, with several justices probing narrower, as‑applied outcomes and the implications for states that allow participation based on gender identity.
  • Procedural questions featured prominently as justices examined mootness in the Idaho case after Lindsay Hecox sought to dismiss her challenge last year.
  • The U.S. Department of Education announced investigations into 18 K–12 and higher‑education entities over alleged Title IX violations tied to policies permitting participation based on gender identity, including the Massachusetts Interscholastic Athletic Association and Foxborough Public Schools.
  • Rulings are expected by late June 2026, and some regional cases are paused pending the Supreme Court’s decisions.