Just days after the University of Pennsylvania's settlement with the federal government, the U.S. Supreme Court agreed to hear two cases involving state transgender athlete bans of girls and women competing in school sports consistent with their gender identity. Little v. Hecox from Idaho and West Virginia v. B.P.J. from West Virginia address whether such bans violate constitutional protections and federal civil rights laws.
The Cases: Hecox and B.P.J. Challenge State-Level Sports Bans
Some 20 states have enacted similar restrictive laws concerning transgender student athletes in women's sports, citing concerns about fairness and athlete safety. Opponents, however, contend that they discriminate against transgender people and violate their constitutional rights.
Hecox involves a transgender college-aged woman, Lindsay Hecox, who wants to run track at Boise State University. She is currently prevented from doing so based on Idaho's Fairness in Women's Sports Act, which prohibits transgender athletes from competing in girls’ and women's sports leagues. Two lower courts, including the Ninth Circuit, ruled in Hecox's favor.
In B.P.J., a transgender high school student, Becky Pepper-Jackson, challenged West Virginia's Save Women's Sports Act, which bars athletes who were born male from participating on girls’ sports teams in competitive and/or contact sports. The Fourth Circuit ruled in favor of Pepper-Jackson, finding the law violative of Title IX.
Background: Recent Supreme Court Activity on Transgender Rights Issues
The Supreme Court's choice to wade into another transgender rights issue comes after its recent ruling in United States v. Skrmetti, upholding a Tennessee law that banned certain kinds of gender-affirming care for minors. It found no equal protection violation, because the law classified patients based on age and medical diagnosis, not on sex.
The Court notably did not address whether laws involving transgender people should be analyzed through “heightened scrutiny” or a requirement that they clear a higher bar to be upheld. Hecox and B.P.J. will likely address this key question.
What's at Stake: Title IX, Constitutional Rights, and the Future of School Athletics
The Court is expected to rule on these cases by the summer of 2026. Its ruling could have significant implications for transgender rights and the future of school athletics nationwide.
If your organization has questions about the cases being heard by the Supreme Court, please contact the authors of this article or any attorney in Venable's Labor and Employment Group.