Transgender nonbinary Olympian Nikki Hiltz comments on Supreme Court decision on trans athletes

The U.S. Supreme Court on Tuesday issued a 6-3 ruling that upholds West Virginia and Idaho laws requiring student-athletes to compete on teams that match their biological sex at birth, rejecting challenges brought by transgender athletes. The decision, written by Justice Brett Kavanaugh, cited Title IX and the Equal Protection Clause as bases for allowing states to maintain separate women’s and girls’ sports for biological females.

Nikki Hiltz, an American Olympic middle-distance runner who competes in women’s events and identifies as transgender nonbinary, said she was not surprised but remained disappointed by the outcome. > "I wasn’t surprised, but I was obviously still disappointed," Hiltz told The Athletic. > "For me, I want to show that trans people can be in sport, be affirmed in their gender. We’re not these big, scary things."

Hiltz added that the ruling reflects a broader sense of uncertainty for many communities in the country. The court’s decision now permits more than half of U.S. states to enforce similar restrictions without fear of legal challenge, although 23 states, including California, New York and Massachusetts, have not enacted such laws and some have protections for transgender athletes.

The case was litigated with the Alliance Defending Freedom representing the states and the American Civil Liberties Union and Cooley Legal representing the athletes.