Supreme Court Rejects Trump Birthright Citizenship Order and Allows State Bans on Transgender Athletes
The Court upheld the long-standing rule that anyone born in the United States is a citizen and ruled that states may prohibit transgender girls and women from competing on female sports teams.
The U.S. Supreme Court on Tuesday rejected President Donald Trump’s executive order that sought to limit birthright citizenship, reaffirming that anyone born on U.S. soil is a citizen regardless of parental status. Chief Justice John Roberts wrote the majority opinion, joined by a coalition of conservative and liberal justices, while Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented.
In separate cases concerning transgender athletes, the Court held that Title IX does not require states to allow transgender girls and women to compete on female sports teams. The justices were split 6-3 along ideological lines on whether such bans violate the Fourteenth Amendment’s Equal Protection Clause, with the three Democratic appointees arguing the constitutional claims should proceed.
Justice Brett Kavanaugh, writing for the majority on the sports issue, said that biological females should compete on an “equal playing field” and that legislatures and schools are better positioned to assess medical and scientific considerations. Justice Sonia Sotomayor authored a partial dissent, contending that the majority’s approach denies transgender athletes a full opportunity to litigate constitutional claims.
The decisions leave in place the established interpretation of the Citizenship Clause of the Fourteenth Amendment and clear the way for states with bans similar to those in West Virginia and Idaho to enforce them. The rulings also signal a broader judicial reluctance to expand protections for transgender individuals under federal civil-rights statutes.
