Supreme Court decision may affect lawsuits over transgender athletes and Title IX
The Court ruled that Title IX permits schools to separate teams by biological sex, a finding that could impact pending cases seeking damages from the NCAA and universities over past transgender-athlete policies.
The U.S. Supreme Court unanimously held that Title IX and its regulations allow federally funded schools to organize athletic teams based on biological sex, rejecting the argument that the law requires inclusion of transgender females on women’s teams. The decision does not award damages to any female athletes but could influence ongoing lawsuits alleging that past policies denied women equal opportunities, privacy, safety or fair competition.
Attorney Bill Bock, representing plaintiffs in cases filed by swimmer Riley Gaines and former volleyball player Brooke Slusser, said the ruling “shredded” the reasoning used by lower courts and athletic bodies. He noted that the NCAA’s defenses – that Title IX does not apply to it or that the organization was compelled by Title IX – are now contradicted by the Court’s opinion. Bock indicated that the ruling will be reflected in forthcoming briefs, including one in the Mountain West case.
Gaines’ suit targets the NCAA over the 2022 women’s swimming championships that featured a transgender competitor, seeking compensatory and punitive damages. A federal judge has already dismissed claims against certain Georgia institutions, leaving Title IX claims against the NCAA pending, with the question of the NCAA’s coverage under Title IX still to be decided.
Slusser’s lawsuit challenges San Jose State University and the Mountain West Conference over a transgender volleyball player. A judge dismissed most claims against the conference but left Title IX damages claims against the California State University system unresolved, a delay now highlighted by the Supreme Court’s ruling.
Former University of Arizona swimmer Marshi Smith, co-founder of the Independent Council on Women’s Sports, called the decision a “huge battle won” but said accountability remains lacking. Plaintiffs in both cases expressed that the ruling validates their claims and underscores the importance of protecting women’s athletic opportunities.
The California State University system said it will continue to follow applicable federal and state laws and that the decision clarifies, but does not change, the legal standards that were in place previously. The NCAA and Mountain West Conference have not responded to requests for comment.
