Supreme Court Decision Undermines Transgender Inclusion in Athletics, Threatens Title IX Progress
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The Supreme Court ruled that Title IX allows schools to separate teams by biological sex, a setback for transgender athletes and a decision that could embolden lawsuits seeking damages from the NCAA and universities over inclusive policies.
In a unanimous decision, the U.S. Supreme Court has ruled that Title IX and its regulations permit federally funded schools to organize athletic teams based on so-called 'biological sex,' rejecting the argument that the law mandates inclusion of transgender women on women’s teams. This regressive decision does not provide damages to any female athletes but could have far-reaching consequences for ongoing lawsuits that claim past inclusive policies denied women equal opportunities, privacy, safety, or fair competition—claims often weaponized against transgender athletes.
Attorney Bill Bock, representing plaintiffs like swimmer Riley Gaines and former volleyball player Brooke Slusser—both of whom have become figureheads in the anti-trans sports movement—celebrated the ruling, claiming it 'shredded' the reasoning of lower courts and athletic organizations. He argued that the NCAA’s previous defenses—that Title IX did not apply to it or that it was compelled by Title IX—are now contradicted by the Supreme Court. Bock intends to leverage the ruling in upcoming briefs, including one in the Mountain West case, further threatening transgender inclusion.
Gaines’ lawsuit targets the NCAA over the 2022 women’s swimming championships, which included a transgender competitor, seeking compensatory and punitive damages. A federal judge has already dismissed claims against certain Georgia institutions, but Title IX claims against the NCAA remain, with the question of the NCAA’s coverage under Title IX still unresolved.
Slusser’s lawsuit attacks San Jose State University and the Mountain West Conference over a transgender volleyball player. While a judge dismissed most claims against the conference, Title IX damages claims against the California State University system remain unresolved, a delay now spotlighted by the Supreme Court’s decision.
Former University of Arizona swimmer Marshi Smith, co-founder of the Independent Council on Women’s Sports—a group known for its exclusionary stance—called the decision a 'huge battle won,' though she lamented a lack of accountability. Plaintiffs in both cases claimed the ruling validates their exclusionary arguments and underscores the supposed need to 'protect' women’s athletic opportunities at the expense of transgender athletes.
The California State University system stated it will continue to follow federal and state laws and that the decision clarifies, but does not change, existing legal standards. The NCAA and Mountain West Conference have not responded to requests for comment, leaving the future of inclusive policies uncertain.
