Supreme Court Prepares to Rip Away Trans Rights in Two New Cases
The Supreme Court on Thursday agreed to hear two cases involving transgender athletes being banned from women’s sports at the youth and collegiate level—a troubling sign of the court’s willingness to engage with the contentious culture war issues that have come to define the MAGA right.
Hecox v. Little and West Virginia v. B. P. J are the cases in question.
The first case stems from Boise State University student Lindsay Hecox, who is banned from running on the girls’ track team under Idaho’s House Bill 500. The second centers on Becky Pepper-Jackson, a transgender middle schooler who was banned completely from participating in sports by West Virginia’s House Bill 3293, which similarly bans transgender kids from participating in sports.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status. Trans kids play sports for the same reasons their peers do–to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” the ACLU’s Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project, said in a press statement. “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
President Trump has long mocked trans athletes, calling them “social experiments” during a speech at West Point earlier in the year. He just forced the University of Pennsylvania to wipe the records of trans swimmer Lia Thomas in exchange for the release of $175 million of funding for the university. A pro-government decision from the Supreme Court in these two cases would only increase that type of treatment nationwide.
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits. The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
The cases will be heard in the fall.