The Supreme Court ruled on June 30, 2026, that states can prohibit transgender athletes from participating in girls' and women's sports teams, upholding laws from West Virginia and Idaho. Justice Brett Kavanaugh authored the majority opinion, stating that under Title IX and the Constitution's Equal Protection Clause, schools may determine eligibility for female sports teams based on biological sex.

"Consistent with Title IX and the Equal Protection Clause, we hold that the States may maintain women's and girls' sports for biological females. They may determine eligibility for women's and girls' sports based on biological sex," Kavanaugh wrote.

The decision marks a setback for transgender rights. The three liberal justices dissented on the Equal Protection Clause issue, arguing it should not have been resolved due to unanswered factual questions.

The case included challenges such as that filed by Hecox, who sought to compete on women's track and cross-country teams at Boise State University and argued that Idaho's ban violated Title IX. Additionally, lawyers for Pepper-Jackson and other transgender girls stated that due to puberty-delaying medical treatment, these athletes do not have biological athletic advantages over those designated female at birth.

Joshua Block, senior counsel for the ACLU's LGBTQ & HIV Rights Project, called the ruling "heartbreaking" for transgender girls seeking equal opportunities.

The Court distinguished this ruling from its 2020 decision that Title VII prohibits employment discrimination based on sexual orientation or transgender status, noting Title VII concerns employment while Title IX focuses on sports.

Sources