The US Supreme Court is set to hear crucial arguments on March 5, 2024, regarding state bans on transgender athletes. This landmark case could have significant implications for LGBTQ+ rights beyond just the realm of youth sports. The court will examine two cases brought by transgender students challenging laws in West Virginia and Idaho that prohibit trans girls from participating in girls’ athletic programs.
Both bans were previously blocked by federal courts, but the states’ appeals have brought the issue to the Supreme Court for the first time. The outcome may determine the future of anti-LGBTQ+ policies across the country.
If the court’s conservative majority upholds these bans, it could set a precedent that allows for broader discrimination against transgender individuals. This might facilitate the implementation of policies that restrict access to appropriate bathrooms, impose limitations on the use of chosen names and pronouns, and undermine protections against harassment. Cathryn Oakley, senior director of legal policy for the Human Rights Campaign, expressed concern, stating, “It’s really scary. The Supreme Court is poised to tell us whether dislike and moral disapproval of a specific group can be a real basis to make law.”
Background on the Cases
The first case, Little v Hecox, involves Lindsay Hecox, a trans college student challenging Idaho’s law that categorically bans trans women and girls from women’s sports teams. This law, enacted in 2020, blocked Hecox from participating in track events. Although she has since sought to dismiss the case, claiming she no longer wishes to pursue sports, the Supreme Court has opted to hear it.
The second case, West Virginia v BPJ, features 15-year-old Becky Pepper-Jackson, who is contesting her state’s law banning her from participating in track. She stated, “This case isn’t just about me, or even just about sports. It’s just one part of a plan to push transgender people like me out of public life entirely.”
In the past five years, 27 states have enacted restrictions on trans children’s access to school sports, primarily targeting trans girls but in some instances affecting all trans youth. The Alliance Defending Freedom (ADF), a Christian legal organization, argues that these bans promote fairness and safety in women’s sports, while LGBTQ+ advocates counter that there is no credible evidence showing that inclusive policies endanger cisgender girls and women.
Potential Consequences of the Rulings
The lawyers representing Hecox and Pepper-Jackson argue that the bans violate the equal protection clause of the constitution. In the West Virginia case, they also contend that the ban contravenes Title IX, the federal law prohibiting sex discrimination in educational institutions. A critical question for the court will be whether these laws are discriminatory against transgender individuals, necessitating a standard known as “heightened scrutiny.”
This level of scrutiny would require the government to provide a stronger justification for the bans. Should the court decide that laws targeting trans individuals do not warrant this heightened review, it could significantly weaken protections for transgender people in various domains. Joshua Block, senior counsel for the LGBTQ and HIV projects at the ACLU, emphasized the implications, stating, “These laws were passed to establish a legal principle that transgender girls and women shouldn’t be treated like other girls and women.”
The broader ramifications of the court’s decision could extend to laws governing access to bathrooms, healthcare for incarcerated trans individuals, and even educational opportunities for transgender youth. Scott Skinner-Thompson, a law professor, highlighted the potential for minimal constitutional protections for trans individuals if the ruling does not favor their rights.
As the court prepares to deliberate, opinions remain divided. A spokesperson for the West Virginia attorney general defended the law, asserting that it treats all students equally and promotes the integrity of women’s sports. Meanwhile, advocates warn that such bans could lead to invasive scrutiny of all girls in sports, creating an environment of fear and discrimination.
The decision by the Supreme Court could shape the landscape of transgender rights in the United States for years to come, making this case a pivotal moment in the ongoing struggle for equality and recognition within public life.
