The United States Supreme Court on Tuesday upheld laws in West Virginia and Idaho that prohibit transgender athletes from competing on girls’ sports teams, ruling in a 6-3 decision that Title IX allows for separation of athletic teams based on biological sex.
Justice Brett Kavanaugh, writing for the majority, stated that Title IX envisions separate sports teams for boys and girls aligned with their biological sex at birth. He emphasized that such separation is reasonable given the inherent physical differences between males and females. According to Kavanaugh, restricting participation on girls’ teams to biological females helps reduce the risk of physical injury and promotes fair competition.
Kavanaugh noted that 27 states have adopted laws barring transgender female athletes from competing in girls’ sports. However, his opinion did not force states with protections for transgender students, such as California, to change their policies. Instead, Kavanaugh clarified that states retain the authority to determine eligibility criteria for women’s and girls’ sports based on biological sex, and that neither the Constitution nor Title IX mandates a nationwide restructuring of girls’ athletics.
In a partial dissent, Justice Sonia Sotomayor argued that states should assess transgender athletes individually to evaluate any competitive advantage, rather than applying blanket bans. Justices Elena Kagan and Ketanji Brown Jackson also dissented, opposing the majority’s interpretation of Title IX and its application to transgender athletes.
The ruling is expected to reinforce efforts by the previous federal administration to encourage states, educational institutions, and athletic organizations to enforce restrictions on transgender participation in girls’ and women’s sports. Because the U.S. Department of Education provides federal funding to schools and universities, it can use Title IX compliance requirements to influence their gender-related athletic policies.
The case originated with plaintiff Becky Pepper-Jackson, a transgender athlete from Bridgeport, West Virginia, who has sought the right to compete on her high school track team since November 2015. The court’s decision affirms the legality of state laws that exclude transgender female athletes from girls’ sports, marking a significant legal stance on the intersection of gender identity and athletics under federal civil rights law.