{"id":788,"date":"2026-07-01T22:40:10","date_gmt":"2026-07-01T22:40:10","guid":{"rendered":"https:\/\/cityrelocationnews.com\/?p=788"},"modified":"2026-07-01T22:40:10","modified_gmt":"2026-07-01T22:40:10","slug":"behind-the-supreme-courts-ruling-on-transgender-athletes","status":"publish","type":"post","link":"https:\/\/cityrelocationnews.com\/?p=788","title":{"rendered":"Behind the Supreme Court\u2019s Ruling on Transgender Athletes"},"content":{"rendered":"
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In January, during oral arguments in the Supreme Court, in a case about whether states may exclude transgender female athletes from girls\u2019 sports teams, the lawyer for Becky Pepper-Jackson, a transgender teen-ager, made a point of emphasizing her athletic mediocrity. Competing on her school\u2019s track-and-field and cross-country teams, \u201cwhere nobody was cut,\u201d her lawyer said, \u201cshe came in near the back.\u201d Becky (known in the case as B.P.J.) hadn\u2019t gone through male puberty, and didn\u2019t have male testosterone levels, because she had taken puberty blockers and was on female hormones. The other transgender plaintiff, an Idaho college student named Lindsay Hecox, had gone through male puberty, but, her brief said, she \u201cwas not fast enough\u201d to make her university\u2019s N.C.A.A. cross-country and track teams, so she played club sports instead. The plaintiffs\u2019 strategy\u2014to convince the Court that the fact that a girl is transgender doesn\u2019t mean she is bound to be a champion\u2014was understandable. The concern about transgender girls competing on girls\u2019 teams stems from a belief that they have an inherent sex-related athletic advantage over other girls. If the advantage goes away, the plaintiffs\u2019 reasoning went, the concern should go away, too.<\/p>\n

Read more Australia\u2019s Evolving Appreciation for Soccer<\/a><\/p>\n

Twenty-seven states have laws\u2014including the ones at issue in this case, West Virginia and Idaho\u2014that separate sports teams based on sex identified at birth, or \u201cbiological sex,\u201d thereby excluding transgender girls from girls\u2019 and women\u2019s teams. (The N.C.A.A. and the International Olympic Committee have adopted similar rules.) On Tuesday, the Court unanimously decided that such policies do not violate Title IX, the federal law that prohibits federally funded schools from discriminating \u201con the basis of sex.\u201d All nine Justices agreed that it is consistent with Title IX\u2019s meaning for schools to define \u201csex\u201d as \u201cbiological sex\u201d for the purpose of separating athletic teams by sex\u2014that schools may exclude transgender girls, or \u201cbiological males,\u201d from girls\u2019 and women\u2019s sports teams.<\/p>\n

But the Court split 6\u20133 on whether these bans violate the Fourteenth Amendment\u2019s equal-protection clause. The distance between the majority of six conservatives and the dissent from three liberals was simultaneously narrow and vast. A policy that limits participation on girls\u2019 and women\u2019s sports teams to \u201cbiological females\u201d is plainly a sex-based classification; under the Court\u2019s equal-protection doctrine, it is valid only if it satisfies \u201cintermediate scrutiny,\u201d meaning that it is substantially related to an important state interest. Justice Brett Kavanaugh, writing for the Court\u2019s six conservative Justices, started with the \u201cundisputed proposition that biological males generally possess inherent physical advantages in sports\u201d\u2014which was indeed a premise for both sides. He concluded that the policy of excluding transgender girls from girls\u2019 teams is substantially related to the important interest of promoting equal athletic opportunities for females by protecting the safety and competitive fairness of girls\u2019 and women\u2019s sports.<\/p>\n

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The plaintiffs in this case didn\u2019t assert that all transgender girls should be allowed to compete on girls\u2019 teams. They argued only that some transgender girls, who have taken puberty blockers and hormones, do not possess the athletic advantages that biological males generally have and that it is unconstitutional to exclude those particular athletes from girls\u2019 teams. In other words, the state\u2019s interests in safety and competitive fairness are not furthered by sweeping up for exclusion that subset of trans girls, along with all biological males. It was on these lines that Justice Sonia Sotomayor, joined by the two other liberal Justices, dissented in part. She thought the Court should have sent the case back to the district court, to determine whether transgender girls like Becky, who have not experienced male puberty and who receive hormone treatment, in fact have an inherent athletic advantage. But, she also wrote, \u201cNone of this is to suggest what the eventual outcome of this litigation would have been, or even should have been,\u201d had the case proceeded that way. She stated that \u201cWest Virginia may well have satisfied its burden and seen its ban upheld.\u201d That is, if it were established that, despite receiving gender-affirming treatments, a transgender girl still retained an athletic advantage because of her sex assigned at birth, it was clear that Sotomayor would affirm a ruling against her.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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The disagreement boiled down to a perennial question in constitutional cases: How much overinclusion or underinclusion in a law is acceptable? Nobody in this case was challenging the practice of separating sports teams into male and female categories. The division of people into these two groups for athletic purposes is accepted as, roughly, good enough, even though some male and female individuals have inborn physical attributes that make them outliers for their sex. And people don\u2019t generally find it unfair that Michael Phelps\u2019s extraordinary wing span, or Serena Williams\u2019s unusual muscle mass, provides an advantage over competitors. The Court understood a state\u2019s decision to divide sports into \u201cbiological male\u201d and \u201cbiological female\u201d teams as similarly good enough to satisfy intermediate scrutiny. \u201cNot every biological male athlete is bigger, stronger, faster, or otherwise more athletically able than every biological female athlete,\u201d Kavanaugh wrote. The fact that some transgender girls may, through gender-affirming medical treatment, eliminate the athletic advantages typical of biological males and have athletic capabilities typical of biological females did not, in the Court\u2019s view, make it unconstitutional to exclude all transgender girls from girls\u2019 teams.<\/p>\n

Kavanaugh described the alternative world\u2014the one the dissenters were after\u2014in which a court\u2019s conclusion must depend on whether a particular transgender girl actually poses a risk to safety and competitive fairness, as a \u201cjudicial quagmire.\u201d \u201cIndividuals come in all shapes and sizes, with different height, weight, muscle mass, heart capacity, lung capacity, strength, speed, endurance, jumping ability, and so on,\u201d he wrote. Kavanaugh balked at the prospect of courts \u201cdetermining the effects of the puberty blockers and hormones taken by transgender athletes\u2014and then comparing each of those transgender athletes\u2019 abilities to those of other individual biological males and individual biological females in the relevant sport.\u201d He said it would be \u201calmost impossible\u201d for a judge to do it equitably. It is, however, the kind of complicated factual inquiry that trial courts are routinely asked to undertake.<\/p>\n

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Courts also commonly sort through medical science presented by opposing sides. In this case, neither side could confidently trumpet the science, even though their arguments circled around it. Last year, in United States v. Skrmetti, the Court declined to invalidate a state ban on the use of puberty blockers and hormones to treat minors\u2019 gender dysphoria, in part because it didn\u2019t wish to \u201csecond-guess\u201d the legislature\u2019s decision in the face of medical uncertainty on the long-term outcomes of those treatments. The medical science regarding the effect of gender-affirming treatments on athletic advantage is unsettled; the International Olympic Committee stated, in March, that \u201cthere is no current evidence that testosterone suppression or gender-affirming hormone treatment eliminates this advantage.\u201d Following Skrmetti\u2019s lead in the face of uncertain science on the question, the Court declined to find that states were wrong to believe that \u201cat least some biological males who have taken puberty blockers or hormones still retain physical advantages over females.\u201d<\/p>\n

Kavanaugh\u2019s opinion left the strong impression of a Justice who has skin in the game, so to speak. It is well known that Kavanaugh has been a coach of his daughters\u2019 youth-sports teams. His paean to female athletics read like a proud sports dad speaking up for his daughters\u2014or a cross between a Nike ad and a tampon commercial: \u201cThey spend extraordinary time and effort to train in the heat and in the cold, to work out early in the morning and late at night, to get a little faster, to become a little stronger, to jump a little higher, to shoot a little better, to watch a little more video, to make the lonely journey back from an A.C.L. tear, to scrap for playing time, to start, to win the game, to win a championship, to hang a banner, to bring home a medal, to be all-tournament, all-county, all-State, or all-American. They put a championship trophy or all-league award on their bedroom shelf\u2014and it stays there forever as a reminder of their love of the game and pride in their achievements.\u201d<\/p>\n

Kavanaugh emphasized that \u201csports are generally zero sum\u201d\u2014meaning that an athlete who makes a team, gets playing time, wins a match, or earns an athletic scholarship \u201cdeprives another athlete\u201d of that opportunity. There are winners and losers. Justice Kavanaugh\u2019s heart bleeds for girls participating in \u201cthe human drama of athletic competition, to overcome the agony of defeat and know the thrill of victory.\u201d He seems to have a clear sense that a loss for transgender girls in this case is a win for other girls. And, as if to model the lesson of sportsmanship, he made a point of stating that \u201cwe greatly admire the desire of all students, including transgender students, such as B.P.J., who want to participate in sports.\u201d As if to display the opposite, Justice Clarence Thomas wrote in a concurrence that \u201cMen and boys with gender dysphoria are not women or girls, even if they believe that they are.\u201d<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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A pair of realities cast a pall over the case in the months leading to the decision. Last September, Lindsay informed the Court that she had made the \u201cextremely difficult decision to cease playing women\u2019s sports.\u201d It was an unsuccessful attempt to moot her case so that the Court would dismiss it, which would have left in place her win in the Ninth Circuit. She had sued to vindicate the right of transgender girls and women to compete, but by then it was clear that her Supreme Court case would likely bring about the opposite result. And, awkwardly, after Becky\u2019s lawyer had attempted to assure the Justices of her inability to dominate her sport, this spring she became the state champion in shot put. Did she defeat her competitors to win a title because of the time and effort she put into training, or because of sex-related biological athletic advantages, or because of an athletic prowess detachable from sex? Those are the sorts of questions that the dissenting Justices would have wanted answered before deciding that the Constitution permits the state to ban her from competing as a girl. But, for the Court, a general rule of exclusion was good enough for government work.\u00a0\u2666<\/p>\n

Read more Paul Revere\u2019s Unabridged Instructions<\/a><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Jeannie Suk Gersen writes about the Supreme Court\u2019s decision to uphold state-level bans on transgender females competing in girl\u2019s and women\u2019s sports.<\/p>\n","protected":false},"author":1,"featured_media":787,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-788","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-lede"],"yoast_head":"\nBehind the Supreme Court\u2019s Ruling on Transgender Athletes - City Relocation News<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/cityrelocationnews.com\/?p=788\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Behind the Supreme Court\u2019s Ruling on Transgender Athletes - 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