Supreme Court: States can ban transgender girls from girls' sports
by Lisa Hornung · UPIJune 30 (UPI) -- The U.S. Supreme Court ruled Tuesday that states can ban transgender girls from participating in girls' sports at publicly funded schools.
Justice Brett Kavanaugh wrote the majority opinion that upheld laws in Idaho and West Virginia. He rejected arguments that transgender athlete restrictions discriminate on sex or gender identity.
"In other words, may schools determine eligibility for women's and girls' sports based on biological sex? The answer is yes," Kavanaugh wrote.
"Consistent with Title IX and the Equal Protection Clause, we hold that the States may maintain women's and girls' sports for biological females. They may determine eligibility for women's and girls' sports based on biological sex. The Constitution and Title IX do not require an overhaul of women's and girls' sports throughout America," he said.
The three liberal judges dissented.
"Its holding may be straightforward, but that is not the point," Justice Sonia Sotomayor wrote in dissent. She was joined by Justices Elena Kagan and Ketanji Brown Jackson. "The problem is how the majority gets there: by moving the goalposts set by precedent and by resolving this important, divisive issue without knowing all the facts even though the validity of the means-ends fit depends on them."
Two athletes, Lindsay Hecox, a cross-country runner who wanted to try out for Boise State University's team, and Becky Pepper Jackson, a middle-school shot-putter in West Virginia, sued for the right to play.
"Every parent can rest assured that our law protects their daughters competing in Idaho," Republican Idaho Attorney General Raúl Labrador said in a statement.
"This is a monumental victory for every female athlete who has ever competed, or dreamed of competing, on a fair and safe playing field," Republican West Virginia Attorney General JB McCuskey said in a statement.
Plaintiffs' attorneys said the decision is hurtful.
"This is a heartbreaking ruling for our clients and transgender girls like them who've asked for nothing more than the same opportunities afforded to their peers," Joshua Block, a lawyer for the ACLU who argued the case, said in a statement. "The reality is that the equality of transgender women and girls takes nothing away from, and in fact promotes, the equality of all women and girls. We will continue to advance the fundamental principle that all young people deserve equal opportunity to thrive and succeed."
Sascha Buchert, a lawyer for Lambda Legal, pointed out that the decision says a "state may discriminate, not that it must discriminate."
Buchert called it a "profoundly sad day" for the plaintiffs "and other transgender kids living under such bans," The Hill reported.
"This ruling is deeply harmful for transgender women and girls who only asked for the ability to participate in sports with their peers," Buchert said in a statement. "Countless studies have demonstrated the myriad benefits that come with participation in team sports. Now, one population, transgender youth and collegians, are targeted for specific and baseless discrimination. We will not be deterred and will continue to fight back to secure the equal participation that all youth, including transgender youth, deserve."
This week in Washington
News anchors are seen outside the Supreme Court of the United States as the court releases their final opinions before summer recess on Tuesday. The court upheld birthright citizenship and also state laws banning transgender women and girls from playing on school athletic teams. Photo by Bonnie Cash/UPI | License Photo