The Supreme Court has announced it will take up a high-profile case next term to decide whether states can legally bar transgender athletes from participating on girls’ and women’s sports teams in schools.
This decision marks the beginning of what’s expected to be a landmark legal battle over transgender rights. The case involves appeals filed by Republican leaders from Idaho and West Virginia, both defending their respective laws that prohibit transgender females from joining female school sports teams.
The conservative-majority court recently ruled in favor of Tennessee’s ban on gender-affirming care for minors, and now it’s turning its attention to school athletics. The new case could shape policy across 27 states that have enacted similar laws.
Attorney General JB McCuskey of West Virginia celebrated the decision, saying it gives female athletes “a voice” and expressed confidence that the court will uphold the state’s “Save Women’s Sports Act.”
He emphasized that the law aligns with the U.S. Constitution and Title IX, the federal statute prohibiting sex discrimination in schools, and is designed to preserve fair play and safety in girls’ sports.
The legal dispute gained urgency after Idaho became the first state in 2020 to pass such a ban. Many other states followed. Meanwhile, legal challenges began to mount, claiming these laws violate the 14th Amendment’s Equal Protection Clause and Title IX.
The American Civil Liberties Union (ACLU) is leading the charge against these bans, representing plaintiffs in both Idaho and West Virginia. Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project, argued that school sports should be accessible to all children, regardless of their gender identity.
He warned that categorical exclusion of trans kids only fuels discrimination and makes schools more harmful environments for all youth.
In Idaho, the case centers on Lindsey Hecox, a transgender student-athlete who wants to compete on Boise State University’s women’s track and cross-country teams. Lower courts allowed her to participate, prompting the state to escalate the case to the high court.
West Virginia’s case involves Becky Pepper-Jackson, a high school student who participates in track and field events like discus and shot put. The state attempted to enforce a ban against her, but a federal court blocked the move, siding with her legal team.
Both states are receiving support from Alliance Defending Freedom, a conservative legal organization that specializes in Christian advocacy.
The Supreme Court is expected to deliver a decision by summer 2025. Until then, the legal and political tensions surrounding transgender participation in school sports will continue to dominate headlines, with wide-reaching implications for students, schools, and civil rights protections across America.
