Idaho was the first state to totally ban trans student athletes from school sports in 2020, with West Virginia following in 2021. Since then, 25 other states have enacted sports bans restricting access to girls' and women's sports for transgender students in schools and universities that receive public funds.
Last week, the U.S. Supreme Court heard over three hours of oral arguments in two cases challenging the Idaho and Virginia laws: Little v. Hecox and West Virginia v. B.P.J. The cases ask whether state bans on transgender women and girls participating in school sports violate the Equal Protection Clause of the U.S. Constitution and Title IX, the federal law prohibiting discrimination "on the basis of sex" in education.
West Virginia v. B.P.J.
The West Virginia case centers on HB 3293, a law passed in 2021 that bans transgender girls from participating in girls’ school sports. The law was signed by Governor Jim Justice despite lawmakers being unable to identify any transgender athletes competing in the state at the time.
The lawsuit was filed on behalf of Becky Pepper-Jackson, a 15-year-old trans girl who wants to continue participating in cross-country and track and field. Supporters of the challenge argue that the law singles out transgender students for exclusion and is opposed by many women athletes, sports organizations, and medical professionals.
Little v. Hecox
Little v. Hecox challenges Idaho’s 2020 law, HB 500, banning transgender women from school sports and allowing sex verification testing. The case was brought by Lindsay Hecox, a trans woman who sought to try out for women’s athletic teams at Boise State University.
The plaintiffs are represented by the American Civil Liberties Union, the ACLU of Idaho, Legal Voice, and Cooley LLP, who argue that the law discriminates based on sex and gender identity without evidence of harm or unfair advantage.
Opposition to the Bans
In their fight against these bans, Becky Pepper-Jackson and Lindsay Hecox have drawn support from prominent figures in women's sports like Billie Jean King, Megan Rapinoe, Sue Bird, Brianna Turner, and Dawn Staley. Major organizations like the Women's Sports Foundation and the National Women's Basketball Players Association have also opposed the bans, along with numerous medical professionals. These supporters argue that the laws unfairly single out transgender students for exclusion.
Ominous Signs from the Court
Despite lower courts consistently blocking the bans as violating the rights of trans students, a majority of the Supreme Court justices seemed to agree that the Idaho and West Virginia laws can remain in effect. According to Amy Howe of CNN, The Supreme Court’s three Democratic members “appeared to recognize that the challengers faced an uphill battle. They seemed to devote much of their efforts to mitigating their losses – either by getting one case thrown out or by limiting the court’s decision to a narrow one.”
The outcome of these cases could shape how Title IX and constitutional protections apply to transgender students nationwide, with particular consequences for trans youth seeking equal access to school activities.
The justices are expected to make their decision by June 2026.
References
- Supreme Court hears arguments over transgender athlete bans, CNN Politics (January 13, 2026).
https://www.cnn.com/politics/live-news/supreme-court-arguments-transgender-athletes-01-13-26
- Supreme Court appears likely to uphold transgender athlete bans, SCOTUSblog (January 13, 2026).
https://www.scotusblog.com/2026/01/supreme-court-appears-likely-to-uphold-transgender-athlete-bans/