Supreme Court Allows States to Ban Transgender Athletes on Female Sports Teams

Upholding two state laws that prohibit trans students from participating on female sports teams, the Supreme Court ruled that schools are permitted to rely on biological sex when determining eligibility for such teams.

In its ruling in West Virginia v. B.P.J., the Court considered whether two state laws – one in West Virginia and one in Idaho – violate Title IX and the equal protection clause of the Constitution. The Court unanimously held that the state laws do not violate Title IX and ruled 6-3 that those laws are constitutional.  

According to the Court, at the time that Title IX was enacted, its prohibition against sex discrimination clearly referred to biological sex. Moreover, the statute permits separate sports teams “precisely because of the inherent physical differences between biological men and biological women.” While the Court previously ruled in favor of transgender rights in a 2020 employment case, the justices determined that that case was inapplicable here, where there were significant differences in the underlying statute and in the educational context. Thus, the Court concluded, Title IX allows schools – and states – to bar trans athletes from female sports teams.

On the constitutional question, the Court applied its heightened standard of review for sex-based classification. Finding that the states’ effort to limit women’s and girls’ sports on the basis of biological sex was substantially related to their important interests in safety and competitive fairness, the court upheld the constitutionality of the state laws.

Although the Court’s ruling allows states to exclude trans athletes from female sports teams, it leaves unanswered for now whether allowing such participation could be considered a Title IX violation. 

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Jody Feder