The Supreme Court is set to hear arguments on October 3, 2023, regarding significant cases from Idaho and West Virginia that question the constitutionality of laws banning transgender athletes from competing in women’s and girls’ sports. This pivotal examination follows legal challenges initiated by transgender individuals who have sought to participate in sports aligned with their gender identity.
In West Virginia, Becky Pepper Jackson, a high school athlete, filed a lawsuit in 2021 after being barred from participating in girls’ track and field events. Jackson, who has openly identified as a girl since elementary school and has used puberty blockers to prevent male puberty, argues that the state’s ban violates her rights.
The case from Idaho features Lindsay Hecox, a former college runner who contested a similar ban in 2020. Hecox sought to join women’s teams but later requested to withdraw from the case, citing discomfort with the attention it garnered. Despite her withdrawal, Idaho officials have pursued the case to maintain the legality of the ban.
Both states have seen federal courts block these bans, ruling that they violate federal civil rights protections. In response, the attorneys general of West Virginia and Idaho are appealing to the Supreme Court to reverse these decisions, which could set a precedent affecting similar laws in an estimated 25 other states.
Supporters of the bans assert that maintaining a strict separation of sports by biological sex is crucial for preserving fairness and safety within women’s athletics. They contend that sex and gender identity are distinct, particularly in competitive settings, and that allowing transgender girls to compete against cisgender girls could compromise equal opportunities for female athletes. This perspective aligns with concerns regarding Title IX, which aims to promote gender equality in education and sports.
Opponents of the bans, including Jackson’s legal team, argue that their cases should not be affected by generalizations about transgender athletes. They highlight that Jackson has not undergone male puberty and is currently undergoing hormone therapy, which they assert mitigates any advantages typically associated with testosterone, such as increased muscle mass and lung capacity.
The discourse surrounding transgender participation in sports gained further traction during the Trump administration, which actively supported restrictions on transgender athletes. In February 2025, former President Donald Trump signed an executive order mandating that federal funding be withdrawn from schools that permitted transgender athletes to compete in girls’ sports, framing the move as essential for protecting fairness in athletics.
Shortly after, the NCAA announced that it would prohibit transgender women from participating in women’s sports, marking a significant shift in policy after years of attempts to balance inclusivity with competitive fairness.
The Supreme Court’s upcoming decision could have far-reaching implications for the future of transgender athletes and the legal landscape surrounding sports participation in the United States. The outcome may influence ongoing debates and policies across multiple states, affecting countless athletes and their right to compete.
