WASHINGTON, D.C. — The U.S. Supreme Court ruled 6-3 on June 30, 2026, that West Virginia and Idaho may enforce laws prohibiting transgender student athletes from participating in women's and girls' sports. The Court determined that public schools and universities in these states are permitted to establish eligibility for women's and girls' sports based on biological sex, under the 14th Amendment's equal protection clause and Title IX.

Justice Brett Kavanaugh wrote in the majority opinion that legislatures and schools are better equipped to assess competing medical and scientific considerations and draw appropriate lines. Kavanaugh also stated that the Judiciary is not the proper institution to make what would often be arbitrary and highly intrusive athlete-by-athlete assessments.

The conjoined cases, Little v. Hecox and West Virginia v. BPJ, asked the Court to decide on the constitutionality and lawfulness of state bans on student athletes' participation in school sports based on sex assigned at birth. Arguments were heard on January 13, 2026, in Washington, D.C., where LGBTQ+ rights advocates rallied outside the Supreme Court.

Josh Block, a lawyer for the student athletes and senior counsel for the ACLU's LGBTQ & HIV Project, called the ruling a "narrow, disappointing result" during a press conference. Block stated, "The folks that passed these laws in West Virginia, Idaho and other states across the country passed them with the goal of pushing transgender girls, and transgender people in general, out of public life. They were hoping that this case would be a vehicle for the Supreme Court to give them everything they asked for, and I think what's really important is that the court said, 'No,' over and over again."

Sasha Buchert, director of nonbinary and transgender rights at Lambda Legal, stated, "It's a fight that's going to continue state by state, school by school. In other words, this really says that, 'Sure, a state may discriminate, not that they must discriminate.' So states, schools and athletic associations should be taking every step to ensure that athletic opportunities exist for transgender girls."

In 2025, Eliza Munshi was unable to play on the girls' track and field team in Virginia due to a 2023 state policy separating sports teams by sex rather than gender identity. Her mother, Ali Munshi, stated that her daughter chose to play on the boys' team to make a statement. According to the Movement Advancement Project, 17 of the 19 states with laws prohibiting discrimination in schools based on sexual orientation and gender identity have explicit guidance on the treatment and inclusion of trans students.

Why It Matters

The Supreme Court's decision on transgender student athletes establishes a legal precedent for how states can regulate participation in women's and girls' sports based on biological sex under federal law. This ruling, specifically affecting West Virginia and Idaho, clarifies the Court's stance on the roles of legislatures and the judiciary in addressing such policies. The outcome has implications for ongoing legal and legislative efforts across the country concerning transgender rights in sports, as advocates have indicated the issue will continue to be contested at state and local levels.