SCOTUS to hear cases on transgender athletes as 27 state AGs back defense

WASHINGTON — The Supreme Court agreed in July to review state bans on transgender athletes participating in public school sports, a case that centers on whether transgender girls and women can compete on girls’ and women’s teams. The court will hear two cases: Little v. Hecox in Idaho and BPJ v. West Virginia. In both, transgender plaintiffs seek to bypass state rules, while the defendants—state authorities in Idaho and West Virginia—seek to uphold the bans.

Amid the looming decision, 27 state attorneys general and the U.S. Territory of Guam signed onto amicus briefs backing the defense, arguing that states may preserve fairness and opportunity for female athletes under state and federal law. The signatories include AGs from Arkansas, Alabama, Alaska, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia and Wyoming, along with Guam. Idaho and West Virginia signed the briefs only for the case not rooted in their states, as they are defendants in their home cases. Alabama Attorney General Steve Marshall described the effort as preserving the integrity of female athletics and the opportunities provided by Title IX, arguing the court should uphold state laws that protect fairness. Marshall said the briefs reflect a belief that law, science and public opinion support the defense.

West Virginia's 2021 Save Women’s Sports Act is at issue in BPJ v. West Virginia. The case challenges a lower-court ruling that allowed transgender athlete Becky Pepper-Jackson to compete on the state's cross-country and track teams. Pepper-Jackson qualified for the West Virginia girls high school state track meet last year, finishing third in the discus throw and eighth in the shot put in the Class AAA division. The 4th U.S. Circuit Court of Appeals ruled in Pepper-Jackson's favor in April 2024, citing the Constitution’s equal-protection guarantee. Pepper-Jackson has been taking puberty-blocking medication as part of a treatment plan. In Idaho, Little v. Hecox involves Lindsay Hecox, a transgender athlete who sought to compete on Boise State’s women’s track team after the state banned transgender athletes from girls’ and women’s sports in 2020. A 9th U.S. Circuit Court of Appeals panel upheld an injunction blocking Idaho’s law in 2023. Hecox asked the Supreme Court earlier this month to drop her challenge.

Idaho Attorney General Raul Labrador has said he expects a ruling with national reach. In an interview with Fox News Digital, Labrador said the court may issue a decision that casts a wider impact than just letting one state carry out its own specific law on the issue and could set a national precedent on whether transgender individuals are protected by federal and state laws.

Analysts say the outcome could reshape debates over Title IX and transgender rights in school athletics. The cases are being watched as a test of whether states may maintain separate divisions for female athletes without violating equal-protection guarantees, while opponents warn that the court could erode protections for transgender students. The decision, expected in the coming term, could affect high school and college sports nationwide.