West Virginia and Idaho have filed appeals with the U.S. Supreme Court in an effort to enforce laws that would prevent transgender athletes from competing in girls and women's sports. A ruling is not expected for nearly another year, but the cases could be heard as early as September.
West Virginia and Idaho have taken their fight against transgender athletes to the highest court in the land, filing appeals with the U.S. Supreme Court in an effort to enforce laws that would prevent them from competing in girls and women's sports.
The appeals come after lower courts blocked the laws from taking effect, rulings that the states are now asking the Supreme Court to overturn.
States Appeal to Supreme Court to Enforce Transgender Athlete Bans in Girls Sports
In April, the 4th Circuit Court of Appeals handed down a 2-1 ruling that reversed an earlier decision upholding West Virginia's Save Women's Sports Act. The court ruled that the law violated the Equal Protection Clause of the 14th Amendment, which prohibits states from denying any person "the equal protection of the laws."
Idaho's law, which was passed in 2020, has also been blocked by a federal court.
States Appeal to Supreme Court to Enforce Transgender Athlete Bans in Girls Sports
Both states are arguing that their laws are necessary to protect the fairness and safety of women's sports. They cite the fact that transgender athletes have physical advantages over cisgender athletes, which could give them an unfair advantage in competition.
"With sex-separated sports, women have a chance to compete while not risking their safety against physiologically different competitors," West Virginia's petition states. "Yet more recently, Title IX's promise of equal opportunity for women and girls began breaking down, as men and boys identifying as women and girls have increasingly been competing in women's sports — and winning. Women have been pushed out of podium spots, championship bids, and other chances at fair competition."
States Appeal to Supreme Court to Enforce Transgender Athlete Bans in Girls Sports
The Biden administration recently rewrote Title IX to give trans participants more protection, but a federal judge blocked the new rule in Louisiana, Mississippi, Montana, Idaho, Kentucky, Ohio, Tennessee, Indiana, Virginia, and West Virginia last month.
The Supreme Court is not expected to rule on the appeals for nearly another year. However, the cases could be heard as early as September.
The outcome of the cases could have a significant impact on the future of transgender athletes in sports. If the Supreme Court upholds the lower court rulings, it would mean that transgender athletes would be allowed to compete in the sports of their choice. However, if the Supreme Court overturns the lower court rulings, it would mean that states would be able to ban transgender athletes from competing in girls and women's sports.
The Supreme Court's decision is likely to be closely watched by both sides of the debate over transgender athletes in sports. It could set a precedent for how other states handle the issue.
In addition to the appeals from West Virginia and Idaho, the New Hampshire Senate passed a bill in May that would bar transgender athletes in grades 5-12 from competing against the gender they identify as. The bill is currently awaiting a vote in the House of Representatives.
Arkansas Gov. Sarah Sanders also signed an executive order in response to the new Title IX regulations, saying she was "appalled" by the "attack on common sense."
The issue of transgender athletes in sports is a complex one with no easy answers. The Supreme Court's decision in the West Virginia and Idaho cases could provide some clarity, but it is likely to be a controversial issue for years to come.
