WASHINGTON, D.C. – The U.S. Supreme Court hears oral arguments on Tuesday in a case which will have major implications for transgender student athletes.
In 2020, Idaho became the first state to ban trans athletes from school sports. Since then, more than half of states have passed similar laws. The challenges to state laws come from a former Boise State University student, Lindsay Hecox, and a middle schooler in West Virginia.
Josh Block, senior counsel of the LGBTQ and HIV Projects for the American Civil Liberties Union, pointed to a 2020 Supreme Court decision in a Georgia case, Bostock v. Clayton County, in which justices decided gay and transgender employees are protected under Title VII of the Civil Rights Act of 1964. He said in the current case, it should also apply to Title IX, prohibiting sex discrimination in education.
“If they are right that Bostock doesn’t apply to Title IX, a principal could expel someone for being trans and it wouldn’t violate Title IX either,” Block explained. “People could be bullied for being trans – they’d receive no protection, of course – they could be excluded from restrooms and other programs. The protections for even, like, library materials and things like that could be at risk.”
The Supreme Court will decide whether Title IX protections extend to prohibit discrimination on the basis of gender identity in federally funded educational programs. Supporters of the bans said they protect women’s sports.
Some of the state laws – including Idaho’s – banning transgender athletes from school sports, allow invasive “sex testing” examinations.
Sasha Buchert, director of the Non-Binary and Transgender Rights Project for Lambda Legal, which is bringing the case to the Supreme Court alongside the ACLU, said it is no surprise the bans have led to a culture of gender policing.
“We’re increasingly hearing about non-transgender students and athletes being questioned or accused, based on their appearance or their athletic ability,” Buchert reported. “Which is a predictable consequence of laws that encourage scrutiny of young people’s bodies and identities.”
Last year alone, more than 1,000 bills were introduced in state legislatures aiming to restrict rights of transgender people and 125 passed. According to the Trans Legislation Tracker, 280 of the bills involved education and 126 involved sports.
Block stressed some states have become hostile places to live for the small population.
“There are almost more laws banning transgender people from participating than there are transgender people who want to participate,” Buchert contended. “Becky is the only girl identified in West Virginia, Lindsay Hecox is the only woman identified in Idaho. In many of these states, no one’s been able to identify anyone.”
