The US Supreme Court has upheld state bans that prevent transgender women—biological males who identify as women—from competing in female sports at schools and colleges. All nine justices agreed that these bans do not violate Title IX, the civil rights law that prohibits sex-based discrimination in educational programs.

However, the court was split on whether the bans violate the 14th Amendment's guarantee of equal protection under the law. Six conservative justices ruled that the bans do not violate the Constitution, while three liberal justices disagreed. Justice Brett Kavanaugh, who authored the majority opinion, wrote, "The Constitution and Title IX do not require an overhaul of women's and girls' sports throughout America."

In a partial dissent, Justice Sonia Sotomayor criticized the majority for applying "a diminished view of equal protection" to sports.

The legal challenge originated in Idaho from Lindsay Hecox, a transgender long-distance runner, who filed suit shortly after the state's law was enacted. State lawmaker Barbara Ehardt, who introduced the law, stated it was intended to ensure "boys and men will not be able to take the place of girls and women in sports because it's not fair."

West Virginia Attorney General JB McCuskey called the ruling a victory for common sense, saying it would provide states with "the clarity and confidence to ensure fairness and safety for female athletes today and for generations to come."

Earlier in March, the International Olympic Committee (IOC) announced it would limit the women's category in Olympic sports to biological females. The IOC cited an 18-month review of scientific evidence concluding a "clear consensus" that "male sex provides a performance advantage in all sports and events that rely on strength, power and resistance."

The ruling drew mixed reactions: former President Trump called it a "big win," while a major LGBT campaign group described it as "heartbreaking," lamenting that transgender student athletes are being forced to "sit on the sidelines simply for who they are."

Sources