WASHINGTON — The Supreme Court on Thursday waded into the legal fight over state laws that ban transgender athletes from competing in girls’ and women’s school and college sports, taking up cases from West Virginia and Idaho.
The court will hear cases involving two transgender students, Becky Pepper-Jackson and Lindsay Hecox, who challenged state bans in West Virginia and Idaho, respectively.
Both won injunctions that allow them to continue to compete in sports. Pepper-Jackson, now 15, takes puberty blocking medication, while Hecox, a 24-year-old college student, has received testosterone suppression and estrogen treatments.
The court’s decision to hear the case comes two weeks after the conservative majority delivered a major blow to transgender rights by upholding a Tennessee law that bans gender-affirming care for young people. In doing so, the court left various legal questions about transgender rights unresolved.
“Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth,” said Joshua Block, a lawyer with the American Civil Liberties Union, who is part of the legal team representing both students. “We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
West Virginia Attorney General JB McCuskey welcomed the Supreme Court’s intervention.
“The people of West Virginia know that it’s unfair to let male athletes compete against women; that’s why we passed this commonsense law preserving women’s sports for women,” he said.
Oral arguments will likely take place later this year, with a ruling expected by June 2026.
The states both enacted bans that categorically bar transgender students from participating in girls’ or women’s sports. More than half the 50 states now have such laws, but legal challenges have not been decisively resolved.
The fight for and against the expansion of transgender rights has become a flashpoint nationwide and was an issue in the recent presidential election, with Donald Trump denigrating Democrats for supporting the effort. His administration has begun to roll back measures taken by President Joe Biden to expand protections for transgender people.
In February, the National Collegiate Athletic Association also changed course, announcing a new policy to limit women’s sports to “student-athletes assigned female at birth only.”
In Pepper-Jackson’s case, a federal judge initially ruled in her favor but concluded in January 2023 that the law was most likely legal and allowed it to be enforced against her. Pepper-Jackson appealed, and the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals blocked West Virginia officials from enforcing it against her.
The Supreme Court in April 2023 rejected the state’s attempt to enforce the law against Pepper-Jackson while the litigation continues, meaning she has been able to continue to participate in school sports, namely cross-country and track.
Hecox, who plays soccer and also runs, similarly obtained an injunction from a district court judge against Idaho officials. She also won on appeal at the San Francisco-based 9th U.S. Circuit Court of Appeals.
Pepper-Jackson and Hecox both failed to qualify for running teams at their respective schools, according to court papers. Pepper-Jackson did place third in the state for middle school discus and sixth in middle school shot put, losing out to cisgender girls. She finished 67th out of 68 in a cross-country event in eighth grade.
In barring transgender girls from participating in girls sports at the middle school, high school and college levels, the West Virginia law enacted in 2021 says gender is “based solely on the individual’s reproductive biology and genetics at birth.” As such, it says, a female is a person “whose biological sex determined at birth as female.”
The Idaho law, passed in 2020, states that sports “designated for females, women, or girls should not be open to students of the male sex.”
Both cases concern whether such laws violate the 14th Amendment to the Constitution, which requires that the law apply equally to everyone. Pepper-Jackson’s case also raises a claim under Title IX of the Education Amendments of 1972, which prohibits sex discrimination in education.
The Biden administration unveiled proposals on how Title IX applies to transgender athletes, saying that blanket bans would be unlawful but concluding that it may be lawful to limit involvement in competitive sports.
But the the Trump administration has reversed course, with the White House issuing an executive order titled: “Keeping Men out of Women’s Sports.”
In 2020, the Supreme Court ruled that federal law barring sex discrimination in employment protected LGBTQ people, a ruling that angered conservatives. The court is yet to rule on whether the same reasoning applies to Title IX.