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Supreme Court upholds bans on transgender athletes participating in women and girls' sports

The U.S. Supreme Court
Andrew Harnik
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Getty Images
The U.S. Supreme Court

The Supreme Court once again leaped into the culture wars on Tuesday, ruling that states may ban transgender girls from participating in sports at publicly funded schools.

Justice Brett Kavanaugh, who has long coached his daughters' and other girls' basketball teams at school, wrote the court's majority opinion.

The court's decision follows last year's ruling, which upheld state laws that make it illegal for doctors and other health professionals to provide gender-affirming care for minors. Since then, a total of 25 states have criminalized or banned gender-affirming care for minors. And in some states, bills have been introduced to ban gender-affirming care for adults, too.

At the heart of Tuesday's case is Title IX, the landmark civil rights law that bars sex-based discrimination in education programs that receive federal money. Enacted in 1972, the law has revolutionized women's sports by requiring equal treatment for male and female athletes, including proportional scholarship funding and equal facilities.

But in recent years, 27 states have barred trans women and girls from participating in girls' sports. The issue has become the newest flashpoint in both politics and law — especially after 2024 when the Trump presidential campaign aired attack ads on the subject more than 15,000 times, putting Democrats on the defensive.

Supporters of the ban on trans athletes say the laws are needed to prevent athletes whose assigned sex at birth was male from having an unfair advantage in women's sports. Opponents of the transgender bans say they discriminate based on sex, in violation of both federal law and the Constitution's guarantee to equal protection of the law. And for athletes at every level, the issue is deeply personal, with tennis greats Billie Jean King and Martina Navratilova on opposing sides, for example, along with hundreds of other high-profile athletes.

On Tuesday, the Supreme Court tried to thread the needle, ruling that since Title IX explicitly allows sex-segregated athletic teams, states are free to limit team players to their sex at birth.

The two cases before the court were factually quite different. One involved Lindsey Hecox, a trans college student barred by Idaho law from trying out for the Boise State University varsity women's track team. She challenged Idaho's ban on trans athletes, contending it violated her right to equal protection of the law under the Constitution. Ultimately, after dropping out of school, she won her case in the lower courts, but upon returning in 2025, she decided not to play varsity sports.

This is a developing story and will be updated

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Nina Totenberg is NPR's award-winning legal affairs correspondent. Her reports air regularly on NPR's critically acclaimed newsmagazines All Things Considered, Morning Edition, and Weekend Edition.

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