Politics

/

ArcaMax

Supreme Court sounds ready to back transgender athlete bans

Michael Macagnone, CQ-Roll Call on

Published in Political News

WASHINGTON — The Supreme Court’s conservative majority sounded ready to uphold bans on transgender girls competing in girls’ sports, during oral arguments Tuesday in challenges to state laws in Idaho and West Virginia.

Across more than three hours of arguments in the two cases, the justices probed arguments from the states, the Trump administration and athletes over the legality and constitutionality of those laws and similar statutes in more than two dozen states nationwide.

The lawyers for two athletes challenging the laws argued they violate Title IX of the Civil Rights Act, which states no one should be discriminated against in education programs “on the basis of sex,” as well as the Equal Protection clause of the 14th Amendment to the Constitution.

Some justices also expressed caution about how a decision in these cases could ripple through the legal landscape of transgender rights.

Chief Justice John G. Roberts Jr., who previously voted in a separate case in favor of finding workplace discrimination protections for transgender individuals, said that finding in favor of the athletes in the two cases “would apply across an entire range of things” and “not simply to the area of athletics.”

Roberts and other members of the court’s conservative majority frequently brought up whether ruling in favor of the athletes would allow cisgender boys to try out for girls’ teams if they did not make a boys’ team or endanger rules that keep locker rooms separate.

The Trump administration, which has sought to enforce a nationwide ban on transgender girls participating in girls’ scholastic sports, participated in the arguments and asked for the justices to uphold the state laws.

Hashim M. Mooppan, arguing for the DOJ, said the Constitution and Title IX both support dividing sports teams based on sex assigned at birth rather than gender identity.

“The regs expressly authorize sex-separated teams. The other side isn’t challenging those regs. When those regs use the word sex they obviously use the word sex to mean biological, sex in the reproductive biology sense,” Mooppan said.

Justice Brett M. Kavanaugh pointed out that in some cases school sports are zero sum — team rosters, college scholarships and the like are limited — and some girls may miss out if transgender girls participate.

“I think we can’t sweep that aside,” Kavanaugh said.

Kavanaugh also questioned “why would we at this point jump in and try to constitutionalize a rule for the whole country” if there is still disagreement between states and experts about where to draw the line on participation of transgender girls in sports.

Kathleen R. Hartnett, attorney for the Idaho athlete, argued that the statute keyed off of not just the definition of sex, but biological advantage of boys over girls that was mitigated by her client undergoing gender-affirming treatment.

 

“That’s why we are here, not proposing a rule of absolute inclusion, but saying that, in the case with people like our client who have mitigated their exclusion, that doesn’t match the statutory interest,” Hartnett said.

At the same time the justices indicated they may not delve into broader issues surrounding sex discrimination. Justice Amy Coney Barrett, during a discussion about what upholding the state bans would mean for sex-separated classrooms, said the court may avoid questions of what it means for men and women to be “similarly situated” in discrimination law.

“I think it opens a huge can of worms that maybe we don’t need to get into here,” Barrett said.

The justices also questioned whether they could rule on the legality of the laws in West Virginia and other states without impacting the state laws that do allow transgender girls to compete. Both sides said the justices could do so.

The court’s Democratic appointees questioned what a ruling in favor of the states would mean for transgender Americans. Justice Sonia Sotomayor challenged an argument from the Trump administration that transgender athletes made up too small a portion of the population to challenge a mostly lawful divide in sports.

“What is percentage enough? There are 2.8 million transgender people in the United States. That’s an awfully big figure,” Sotomayor said. “The numbers don’t talk about the human beings.”

Mooppan acknowledged that the administration has argued in lower courts that Title IX prohibits transgender girls from participating in girls’ sports, but he asked the justices not to reach that issue in the two cases argued Tuesday.

Republicans in Congress have sought to legislate a nationwide ban, and Speaker Mike Johnson, R-La., said as much in a speech outside the court Tuesday encouraging the justices to uphold the state laws.

“House Republicans will always stand for American women and girls and we hope and pray that this Supreme Court will do exactly the same,” Johnson said.

The cases are Bradley Little, in his official capacity as Governor of the State of Idaho, et al. v. Lindsay Hecox, et al. and West Virginia, et al. v. B.P.J.

_____


©2026 CQ-Roll Call, Inc., All Rights Reserved. Visit cqrollcall.com. Distributed by Tribune Content Agency, LLC.

 

Comments

blog comments powered by Disqus

 

Related Channels

The ACLU

ACLU

By The ACLU
Amy Goodman

Amy Goodman

By Amy Goodman
Armstrong Williams

Armstrong Williams

By Armstrong Williams
Austin Bay

Austin Bay

By Austin Bay
Ben Shapiro

Ben Shapiro

By Ben Shapiro
Betsy McCaughey

Betsy McCaughey

By Betsy McCaughey
Bill Press

Bill Press

By Bill Press
Bonnie Jean Feldkamp

Bonnie Jean Feldkamp

By Bonnie Jean Feldkamp
Cal Thomas

Cal Thomas

By Cal Thomas
Clarence Page

Clarence Page

By Clarence Page
Danny Tyree

Danny Tyree

By Danny Tyree
David Harsanyi

David Harsanyi

By David Harsanyi
Debra Saunders

Debra Saunders

By Debra Saunders
Dennis Prager

Dennis Prager

By Dennis Prager
Dick Polman

Dick Polman

By Dick Polman
Erick Erickson

Erick Erickson

By Erick Erickson
Froma Harrop

Froma Harrop

By Froma Harrop
Jacob Sullum

Jacob Sullum

By Jacob Sullum
Jamie Stiehm

Jamie Stiehm

By Jamie Stiehm
Jeff Robbins

Jeff Robbins

By Jeff Robbins
Jessica Johnson

Jessica Johnson

By Jessica Johnson
Jim Hightower

Jim Hightower

By Jim Hightower
Joe Conason

Joe Conason

By Joe Conason
John Stossel

John Stossel

By John Stossel
Josh Hammer

Josh Hammer

By Josh Hammer
Judge Andrew P. Napolitano

Judge Andrew Napolitano

By Judge Andrew P. Napolitano
Laura Hollis

Laura Hollis

By Laura Hollis
Marc Munroe Dion

Marc Munroe Dion

By Marc Munroe Dion
Michael Barone

Michael Barone

By Michael Barone
Mona Charen

Mona Charen

By Mona Charen
Rachel Marsden

Rachel Marsden

By Rachel Marsden
Rich Lowry

Rich Lowry

By Rich Lowry
Robert B. Reich

Robert B. Reich

By Robert B. Reich
Ruben Navarrett Jr.

Ruben Navarrett Jr

By Ruben Navarrett Jr.
Ruth Marcus

Ruth Marcus

By Ruth Marcus
S.E. Cupp

S.E. Cupp

By S.E. Cupp
Salena Zito

Salena Zito

By Salena Zito
Star Parker

Star Parker

By Star Parker
Stephen Moore

Stephen Moore

By Stephen Moore
Susan Estrich

Susan Estrich

By Susan Estrich
Ted Rall

Ted Rall

By Ted Rall
Terence P. Jeffrey

Terence P. Jeffrey

By Terence P. Jeffrey
Tim Graham

Tim Graham

By Tim Graham
Tom Purcell

Tom Purcell

By Tom Purcell
Veronique de Rugy

Veronique de Rugy

By Veronique de Rugy
Victor Joecks

Victor Joecks

By Victor Joecks
Wayne Allyn Root

Wayne Allyn Root

By Wayne Allyn Root

Comics

Pat Bagley Steve Kelley John Cole Tom Stiglich Andy Marlette Mike Beckom