Supreme Court seems likely to uphold state bans on transgender athletes in girls and women’s sports

Becky Pepper-Jackson poses for a photograph outside of the U.S. Supreme Court in Washington, Sunday, Jan. 11, 2026. (AP Photo/Jose Luis Magana)

WASHINGTON — The Supreme Court on Tuesday appeared ready to deal another setback to transgender people and uphold state laws barring transgender girls and women from playing on school athletic teams.

The court’s conservative majority, which has repeatedly ruled against transgender Americans in the past year, signaled during more than three hours of arguments it would rule the state bans don’t violate either the Constitution or the federal law known as Title IX, which prohibits sex discrimination in education.

More than two dozen Republican-led states have adopted bans on female transgender athletes. Lower courts had ruled for the transgender athletes who challenged laws in Idaho and West Virginia.

The legal fight is playing out against the backdrop of a broad effort by U.S. President Donald Trump to target transgender Americans, beginning on the first day of his second term and including the ouster of transgender people from the military and declaring that gender is immutable and determined at birth.

The justices are evaluating claims of sex discrimination lodged by transgender people versus the need for fair competition for women and girls, the main argument made by the states.

Justice Brett Kavanaugh, who coached his daughters in girls basketball, seemed concerned about a ruling that might undo the effects of Title IX, which has produced dramatic growth in girls and women’s sports. Kavanaugh called Title IX an “amazing” and “inspiring” success.

Some girls and women might lose a medal in a competition with transgender athletes, which Kavanaugh called a harm “we can’t sweep aside.”

The three liberal justices seemed focused on trying to marshal a court majority in support of a narrow ruling that would allow the individual transgender athletes involved in the cases to prevail.

A ruling for West Virginia and Idaho would effectively apply to the other two dozen Republican-led states with similar laws.

But the justices soon might be asked to decide about the laws in an additional roughly two dozen states, led by Democrats, that allow transgender athletes to compete on the teams that match their gender identity.

The outcome also could influence separate legal efforts by the Trump administration and others seeking to bar transgender athletes in states that have continued to allow them to compete.

The transgender athletes’ cases

In the Idaho case, Lindsay Hecox, 25, sued over the state’s first-in-the-nation ban for the chance to try out for the women’s track and cross-country teams at Boise State University in Idaho. She didn’t make either squad because “she was too slow,” her lawyer, Kathleen Hartnett, told the court Tuesday, but she competed in club-level soccer and running.

Becky Pepper-Jackson, a 15-year-old high school sophomore, was in the courtroom Tuesday. She has been taking puberty-blocking medication, has publicly identified as a girl since age eight and has been issued a West Virginia birth certificate recognizing her as female. She is the only transgender person who has sought to compete in girls sports in West Virginia.

Pepper-Jackson has progressed from a back-of-the-pack cross-country runner in middle school to a statewide third-place finish in the discus in just her first year of high school.

Prominent women in sports have weighed in on both sides. Tennis champion Martina Navratilova, swimmers Summer Sanders and Donna de Varona and beach volleyball player Kerri Walsh-Jennings are supporting the state bans. Soccer stars Megan Rapinoe and Becky Sauerbrunn and basketball players Sue Bird and Breanna Stewart back the transgender athletes.

The high-court arguments are expected to focus on whether the sports bans violate the Constitution or the landmark federal law known as Title IX, which prohibits sex discrimination in education.

In 2020, the Supreme Court ruled LGBTQ people are protected by a landmark federal civil rights law that prohibits sex discrimination in the workplace, finding that “sex plays an unmistakable role” in employers’ decisions to punish transgender people for traits and behavior they otherwise tolerate.

But last year, the six conservative justices on the nine-member court declined to apply the same sort of analysis when they upheld state bans on gender-affirming care for transgender minors.

Chief Justice John Roberts signalled Tuesday he sees differences between the 2020 case, in which he supported the claims of discrimination, and the current dispute.

The states supporting the prohibitions on transgender athletes argue there is no reason to extend the ruling barring workplace discrimination to Title IX, which dramatically increased opportunities for girls and women in school sports.

Idaho’s law, state Solicitor General Alan Hurst, said, is “necessary for fair competition because, where sports are concerned, men and women are obviously not the same.”

Lawyers for Pepper-Jackson argue that such distinctions generally make sense, but that their client has none of those advantages because of the unique circumstances of her early transition. In Hecox’s case, her lawyers want the court to dismiss the case because she has forsworn trying to play on women’s teams.

Baker’s NCAA president Charlie Baker told Congress in 2024 that he was aware of only 10 transgender athletes out of more than a half-million students on college teams. But despite the small numbers, the issue has taken on outsize importance.

Lawyers for Pepper-Jackson argue that the law protects people like their client from discrimination. They are asking for a ruling that would apply to the unique circumstances of her early transition. In Hecox’s case, her lawyers want the court to dismiss the case because she has forsworn trying to play on women’s teams.

Despite the small numbers of transgender athletes, the issue has taken on outsize importance. The NCAA and the U.S. Olympic and Paralympic Committees banned transgender women from women’s sports after Trump, a Republican, signed an executive order aimed at barring their participation.

The public generally is supportive of the limits. An Associated Press-NORC Center for Public Affairs Research poll conducted in October 2025 found that about 6 in 10 U.S. adults “strongly” or “somewhat” favored requiring transgender children and teenagers to only compete on sports teams that match the sex they were assigned at birth, not the gender they identify with, while about 2 in 10 were “strongly” or “somewhat” opposed and about one-quarter did not have an opinion.

About 2.1 million adults, or 0.8 per cent, and 724,000 people age 13 to 17, or 3.3 per cent, identify as transgender in the U.S., according to the Williams Institute at the UCLA School of Law.

A decision is expected by early summer.

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By Mark Sherman