Supreme Court appears likely to uphold state bans on transgender athletes

"The U.S. Supreme Court appeared sympathetic to state laws banning transgender athletes from competing in girls' and women's sports. To date, 27 states have enacted laws barring transgender participation in sports. Supporters say the laws are needed to ensure fairness in athletic competition and to prevent athletes whose assigned sex at birth was male from having an unfair advantage in women's sports."

"Although the Supreme Court in 2020 ruled that the federal law barring sex discrimination in employment extends to gay and trans employees, the court more recently has upheld state laws that ban hormone and other treatments for minors suffering from gender dysphoria; it has left in place President Trump's order to rid the military of trans individuals; and it has also required passport applicants to list only their assigned sex at birth."

"Opponents of these laws say they discriminate based on sex, in violation of both federal law and the Constitution's guarantee to equal protection of the law. Tuesday's cases were factually very different. One involved an Idaho college student barred by state law from trying out for the Boise State University varsity women's track team. The other case was brought by a West Virginia middle school student barred by state law from competing in school sports."

The Supreme Court appeared receptive to state laws that prohibit transgender athletes from participating in girls' and women's sports, as 27 states have enacted such bans. Proponents argue the laws protect fairness and prevent athletes assigned male at birth from retaining competitive advantages in women's athletics. Opponents contend the measures discriminate on the basis of sex and violate federal statutes and the Constitution's equal protection guarantee. The cases before the court involve different facts: one concerns an Idaho college student barred from trying out for a university women's track team; the other concerns a West Virginia middle school student barred from school sports.

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