WASHINGTON — The Supreme Court is set to address contentious state legislation that prohibits transgender athletes from participating in girls’ and women’s sports, taking on cases from West Virginia and Idaho. The court will hear appeals from Becky Pepper-Jackson and Lindsay Hecox, two transgender students challenging these bans after successfully securing court orders allowing them to compete.
Pepper-Jackson, a 15-year-old athlete currently on puberty blockers, and Hecox, a 24-year-old college student undergoing hormone treatment, are at the forefront of this legal battle. Their cases come amid increasing scrutiny and legal challenges to state laws targeting transgender athletes, with over half of U.S. states implementing such bans. Their struggle highlights broader issues around inclusivity in sports and the safeguarding of transgender rights.
The Supreme Court’s decision to delve into these cases follows a recent ruling that upheld a Tennessee law restricting gender-affirming health care for minors, marking a significant moment for LGBTQ+ rights. Joshua Block, a lawyer with the American Civil Liberties Union representing both students, voiced concern over the impact of these bans, stating that excluding transgender youth from sports diminishes safety and inclusivity in schools.
West Virginia Attorney General JB McCuskey expressed support for the law, claiming it ensures fairness in women’s sports. “The people of West Virginia know that it’s unfair to let male athletes compete against women,” he stated, advocating for what he describes as a commonsense approach to preserving women’s sports.
The anticipated oral arguments are set to take place later this year, with a ruling expected by June 2026. The legal questions surrounding these bans center on whether they violate the 14th Amendment, which mandates equal protection under the law. Additionally, Pepper-Jackson’s case invokes Title IX, which prohibits sex discrimination in educational settings.
Both students initially faced setbacks in their respective cases. In Pepper-Jackson’s instance, a federal judge ruled in her favor but later allowed the enforcement of West Virginia’s law. After appealing, she received a temporary reprieve from the 4th U.S. Circuit Court of Appeals, allowing her to continue competing in sports including cross-country and track. Meanwhile, Hecox successfully obtained similar judicial protection against Idaho’s ban, which specifically restricts sports designated for females to those classified as female at birth.
Despite their tumultuous journeys, both athletes’ aspirations remain steadfast even if they faced hardships in qualifying for teams at their schools. In a recent competition, Pepper-Jackson ranked third in middle school discus and sixth in shot put, competing against cisgender girls, while also enduring challenges, such as finishing near the bottom in cross-country.
The West Virginia law, enacted in 2021, controversially defines gender based purely on biological attributes at birth, asserting that athletic opportunities for females should align with this designation. Similarly, Idaho’s law, which passed in 2020, mandates that sports for females should be restricted exclusively to students classified as female at birth.
The Biden administration has been proactive in addressing the implications of Title IX in relation to transgender athletes, proposing that universal prohibitions would be unlawful. However, the previous administration had adopted a contrasting position, asserting a need to limit transgender participation in women’s sports via executive action.
While the Supreme Court’s previous decisions have affirmed protections for LGBTQ individuals in the workplace, the legal landscape surrounding educational opportunities remains uncertain. This upcoming hearing could serve as a pivotal moment, potentially reshaping the discourse on transgender rights and participation in sports within the nation.