Commentary

SCOTUS Hears Trans Sports Cases

SCOTUS Hears Trans Sports Cases

On January 13, 2025, the U.S. Supreme Court heard oral arguments in two pivotal cases about transgender students’ right to participate in school sports: Little v. Hecox (Idaho) and West Virginia v. B.P.J. At the heart of both cases is the question of whether state laws that ban transgender girls from playing on girls’ sports teams violate either Title IX or the Equal Protection Clause of the U.S. Constitution.

Gender Justice Legal Director Jess Braverman and Communications Director Noah Parrish break down what we heard in oral arguments. Watch the full conversation below and check out our top takeaways.

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1. SCOTUS seems poised to let states ban trans girls from school sports, but not require it.

The Justices appeared inclined to uphold laws in states Idaho and West Virginia that ban trans girls’ from participating in school sports. However, the court seems unlikely to go so far as to require all states adopt such bans.

That distinction matters. While a ruling that upholds these bans is deeply harmful, it wouldn’t override trans-inclusive policies in more than 20 states, including Minnesota. Unfortunately, in North Dakota—where trans participation in sports is already banned—the ban would remain in effect.

2. Minnesota’s inclusive laws are likely to remain protected, for now.

Even if the Court rules against the young people bravely challenging these bans, Minnesota’s strong state-level protections are likely to remain intact. Minnesota has some of the most trans-inclusive laws and policies in the country, and we defend them in court.

However, a federal lawsuit is underway challenging whether Minnesota’s inclusive policies themselves violate Title IX. That case could ultimately pose a more direct threat to our laws than Hecox or B.P.J.

3. This is about more than sports. It’s about resisting dehumanization.

These cases may be framed as “debates” about school sports, but the stakes are much broader. Title IX was never meant to mandate exclusion. It was designed to guarantee equal educational opportunity. Reframing the law as a justification for discrimination distorts its purpose and puts all students at risk.

The idea that a middle schooler who just wants to play volleyball poses such a threat that West Virginia would spend millions in litigation is not just absurd, it’s dehumanizing. We cannot allow the government to normalize these attacks and the anti-trans rhetoric that accompanies them. When trans kids are singled out, excluded and their bodies scrutinized, it opens the door for broader gender-based discrimination that impacts all kids.

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