The Supreme Court ruled on June 30, 2026, that state laws prohibiting transgender athletes from competing in women’s and girls’ sports are constitutional. The justices determined that these laws do not violate Title IX, which prohibits sex-based discrimination, nor do they infringe on the equal protection clause of the Constitution. Justice Brett Kavanaugh, writing for the majority, stated that states have the authority to maintain women’s and girls’ sports for biological females and can set eligibility based on biological sex.
The ruling addressed two cases: Little v. Hecox and West Virginia v. B.P.J., which involved laws in Idaho and West Virginia that restrict trans athletes' participation in female sports in public schools and colleges. The Court upheld laws in 27 states with similar statutes. Kavanaugh's opinion was joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Amy Coney Barrett.
While the liberal justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—agreed with the majority on the Title IX issue, they dissented regarding the equal protection clause, arguing that the majority's view was incorrect. Sotomayor expressed concern that the ruling imposes hardships on transgender individuals without allowing adequate opportunity to contest the laws.
The laws in question, West Virginia's Save Women’s Sports Act and Idaho's Fairness in Women’s Sports Act, permit students to sue schools that allow trans athletes to compete on female teams. The topic of trans rights has become increasingly politicized, particularly in the context of the 2024 presidential election.
In a concurring opinion, Justice Thomas stated that biological sex is a binary characteristic and criticized the use of language that obscures this reality. The decision follows a previous ruling by the Supreme Court that deemed laws banning gender-affirming care for trans minors unconstitutional.
This ruling is part of a broader set of LGBTQ+ cases the Supreme Court has addressed this term, including a recent decision regarding Colorado’s law on conversion therapy.