Supreme Court to hear challenges to state bans on transgender girls in sports

The Supreme Court is hearing back-to-back cases on Tuesday from two transgender athletes that will test the constitutionality of state laws barring their participation on girls’ and women’s sports teams. Becky Pepper-Jackson, a high school sophomore from West Virginia, and Lindsay Hecox, a college senior in Idaho, sued over statutes that require team membership be based on “biological sex,” defined as the sex assigned at birth.

The outcome could affect laws in 27 states that prohibit transgender girls from joining girls’ and women’s teams and, the cases will have implications for 25 other states with similar laws. Both athletes argue the laws violate the Constitution’s guarantee of equal protection; Pepper-Jackson also contends West Virginia’s statute violates Title IX by denying her access to her school’s athletic program.

Hecox has sought to drop her case, saying she has stopped playing and wants to focus on graduating; the justices deferred a decision on that request until after Tuesday’s argument. Two appeals courts have sided with the students and blocked enforcement of the disputed laws. Lower-court rulings diverged.

A federal judge in Idaho said barring Hecox did not advance the government’s interest in equal athletic opportunities given the medical treatment she receives; Hecox is treated with testosterone suppression and estrogen.

Key Topics

Politics, Supreme Court, Becky Pepper-jackson, Lindsay Hecox, Title Ix, West Virginia