Supreme Court upholds state bans on transgender athletes, cites Title IX
The U. S. Supreme Court ruled that states may bar transgender girls and women from competing on female sports teams, interpreting Title IX to permit separation by biological sex. In the same opinion the Court upheld the longstanding principle that anyone born in the United States is a citizen. The justices affirmed the constitutionality of bans enacted in West Virginia and Idaho that limit school sports participation to athletes assigned female at birth.
The decision was issued by a majority that included Justice Brett Kavanaugh. Legal analysts noted that the ruling could shape pending civil actions seeking damages from the NCAA and various universities over earlier transgender-athlete policies. Plaintiffs in those cases may rely on the Court’s interpretation of Title IX to argue that schools violated the statute. The Court’s finding therefore introduces a new legal basis for those lawsuits.