Transgender Athlete Ban Appeals Reach Supreme Court

Two states, West Virginia and Idaho, have appealed to the U.S. Supreme Court in an effort to enforce laws that would prohibit transgender athletes from competing in girls' and women's sports. The appeals come after rulings from the 4th Circuit Court of Appeals blocked the laws from taking effect.

Officials from West Virginia and Idaho have filed appeals with the U.S. Supreme Court in an effort to enforce laws that would prevent transgender athletes from competing in girls' and women's sports. Each state filed its own petition on Thursday, hoping that the court would overturn rulings that blocked those laws from taking effect.

In April, the 4th Circuit Court of Appeals handed down a 2-1 ruling that reversed an earlier decision upholding West Virginia's Save Women's Sports Act. The court found that the law violated the Equal Protection Clause of the 14th Amendment by discriminating against transgender girls.

Transgender Athlete Ban Appeals Reach Supreme Court

Idaho's Fairness in Women's Sports Act was also blocked by a federal judge in May. The judge ruled that the law was likely unconstitutional because it was based on stereotypes about transgender people.

In their petitions to the Supreme Court, both states argue that their laws are necessary to protect fairness and safety in women's sports. They claim that transgender athletes have an unfair advantage over cisgender female athletes due to their biological differences.

Transgender Athlete Ban Appeals Reach Supreme Court

"With sex-separated sports, women have a chance to compete while not risking their safety against physiologically different competitors," West Virginia's petition states. "Yet more recently, Title IX's promise of equal opportunity for women and girls began breaking down, as men and boys identifying as women and girls have increasingly been competing in women's sports — and winning."

Idaho's petition makes similar arguments, stating that "men and boys identifying as women and girls have an inherent physical advantage over biological women in athletic competition."

Transgender Athlete Ban Appeals Reach Supreme Court

The Biden administration has recently reinterpreted Title IX to provide more protection for transgender participants. This reinterpretation has been met with resistance from some states, including those involved in the current appeals.

In August, a federal judge blocked Biden's Title IX rule in 10 states, including West Virginia and Idaho. The judge ruled that the rule was implemented without the proper rule-making procedures.

The New Hampshire Senate passed a bill in May that would bar transgender athletes in grades 5-12 from competing against the gender they identify as. The bill is currently awaiting action by the state House of Representatives.

Arkansas Governor Sarah Sanders signed an executive order in July in response to the new Title IX regulations. The order directs state agencies to adopt rules that prohibit transgender youth from participating in sports that align with their gender identity.

The Supreme Court has not yet decided whether to hear the appeals from West Virginia and Idaho. A ruling is not expected for nearly another year, but the cases could be heard as early as September.

If the Supreme Court were to overturn the lower court rulings, it would open the door for states to pass and enforce laws that prohibit transgender athletes from competing in girls' and women's sports.