The U.S. Supreme Court announced Thursday that it will take up two landmark cases challenging state laws that ban transgender youth from participating in school sports.
In Little v. Hecox, the American Civil Liberties Union (ACLU), Legal Voice, and the law firm Cooley are representing a group of plaintiffs contesting Idaho’s 2020 law, which mandates sex verification testing for student athletes. The 9th U.S. Circuit Court of Appeals temporarily blocked the law in 2023, citing the invasive nature of the policy. The court noted that under Idaho’s rule, anyone could challenge the sex of a female athlete, potentially forcing her to undergo “intrusive medical procedures,” including gynecological exams.
The second case, West Virginia v. B.P.J., involves a transgender middle school student who was barred from competing in cross country under the state’s 2021 law. The student, who is undergoing puberty suppression therapy, is represented by Lambda Legal, the ACLU, ACLU of West Virginia, and Cooley. Advocates argue the treatment eliminates any supposed athletic advantage over cisgender peers.
“School sports, like other educational opportunities, should be available to all students — regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project. “Trans kids play sports for the same reasons as any other child: to build friendships, develop life skills, and enjoy being part of a team.”
He added, “Barring trans youth from playing because of who they are does nothing but create hostile, unsafe school environments. The lower courts made the right call in halting these laws, and we’ll continue to defend the rights of all kids to participate.”
Lambda Legal’s Tara Borelli echoed those sentiments: “Our client just wants to run with her teammates. The value of sports goes far beyond competition — it’s about health, leadership, and belonging.”
Borelli pointed to an April decision from the 4th Circuit Court of Appeals that allowed the student to continue competing, calling it a “thoughtful and thorough ruling” that should be upheld.
The Supreme Court’s decision to hear these cases comes amid a broader national debate. Since 2020, 27 states have passed laws restricting transgender participation in school sports. Congressional Republicans have also attempted, unsuccessfully, to implement a nationwide ban.
