Supreme Court Upholds State Bans on Trans Women in Female Sports Amid Shifting Jurisprudence
The 6-3 ruling confirms that state laws prohibiting transgender women from competing on women’s teams do not violate Title IX or the Constitution, reflecting a broader trend of recent Court decisions limiting transgender rights.
The U.S. Supreme Court on Tuesday affirmed state bans that prevent transgender women from participating in women’s sports, ruling 6-3 that the restrictions do not breach Title IX or constitutional equality guarantees. The decision, issued in the cases from West Virginia and Idaho, aligns with earlier rulings that have limited transgender rights, including a 2022 order allowing states to block certain medical treatments for trans youth and a recent ruling permitting the Trump administration to require passports to reflect biological sex.
Justice Brett Kavanaugh, writing for the majority, emphasized safety and competitive fairness, noting that “biological males generally possess inherent physical advantages in sports.” The dissent, authored by Justice Sonia Sotomayor and joined by Justices Elena Kagan and Ketanji Brown Jackson, warned that the bans deny trans athletes the benefits of sports participation.
Legal scholars and advocacy groups criticized the ruling. Columbia University law professor Suzanne Goldberg said the law is being used to scapegoat transgender people, while Shannon Minter, legal director of the National Center for LGBTQ Rights, called the decision a setback that nevertheless leaves room for states to adopt policies based on gender identity.
The Court’s shift follows changes in its composition since 2020, when Justice Neil Gorsuch’s opinion in Bostock v. Clayton County extended Title VII protections to transgender workers. Subsequent appointments and a conservative-leaning majority have produced a series of decisions that curtail the broader application of that precedent.
Public opinion appears to be moving in the same direction; a recent Pew Research survey found a majority of Americans support restrictions on transgender participation in sports and on gender-transition medical care for minors. The Department of Justice has also filed lawsuits challenging state policies that allow transgender students to compete according to their gender identity.