Supreme Court Hears Challenges to Idaho and West Virginia Trans Athlete Bans

The Supreme Court on Thursday heard the first of two cases challenging state laws that bar transgender athletes from competing in girls’ and women’s sports, taking up disputes tied to Idaho and West Virginia statutes. Twenty-seven states have enacted such bans, which supporters say are intended to preserve opportunities and fair competition for female athletes.

The Idaho argument, described in coverage as a narrower, possibly moot matter, ran nearly two hours and was followed by the start of the West Virginia argument. Justices on the court’s conservative majority showed little sign of leaning toward striking down the state bans, while the three liberal justices largely urged that the two plaintiffs may still be able to bring “as applied” challenges alleging they personally do not have unfair advantages.

The two students at the center of the cases include a West Virginia middle‑school athlete and an Idaho university competitor; the timing of their transitions — one after puberty, the other said to have transitioned in third grade — drew sustained questioning. Justices repeatedly noted scientific uncertainty about whether hormone treatment removes any athletic advantages, and some expressed reluctance to adopt a nationwide rule while the science remains unsettled.

Key Topics

Politics, Supreme Court, Idaho, West Virginia, Title Ix, Aclu