Becky Pepper-Jackson, the West Virginia high school sophomore at the center of a Supreme Court case on transgender sports, stands outside the US Supreme Court after justices heard arguments in challenges to state bans on transgender athletes in women's sports on January 13, 2026, in Washington, DC.
Supreme Court Upholds Transgender Athlete Bans, Giving States Green Light For Discrimination
"We have entered a period when the legal recognition and legal protections for trans and intersex people are at an all-time low," said the Center for Constitutional Rights.
In a ruling that defenders of LGBTQ+ rights say clears the way for discrimination, the US Supreme Court upheld state laws banning transgender girls and women from participating on school and college athletic teams.
In a decision that will likely supercharge attacks on transgender people by red states and the Trump administration, the court said that state-level bans on transgender athletes did not violate either the 14th Amendment of the Constitution or Title IX, the federal law prohibiting sex discrimination in education.
The court's six conservatives ruled that Idaho and West Virginia did not violate the equal protection clause because the laws were made in the interest of athletic fairness.
"Biological males generally possess inherent physical advantages in sports," wrote Justice Brett Kavanaugh for the majority, describing it as a topic where there is still "medical and scientific uncertainty."
He dismissed equal protection claims from two athletes: 16-year-old shot put champion Becky Pepper-Jackson of West Virginia and 25-year-old Boise State student Lindsey Hecox, who failed to make her school's cross-country team because she was "too slow" but played in club-level sports.
The athletes argued that they took puberty-blocking medication that would have blunted their advantages, but Kavanaugh wrote that states were under no obligation to "grant individualized exemptions to specific athletes or subclasses."
The court ruled unanimously that West Virginia's state ban did not violate Title IX. But the court's three liberals disagreed on the question of equal protection.
Justice Sonia Sotomayor said that the scientific uncertainty surrounding the question was precisely why states should proceed with caution rather than enact categorical bans.
“In the end, to the court, the facts do not matter, even though the consequences are serious,” she wrote in her dissent.
She added that state bans will be harmful to trans people seeking friendship and community through sports. She said because of the court's decision, a state can deny young people "these experiences simply because it thinks they have an inherent athletic advantage, even if the facts show that they do not."
Sasha Buchert, senior attorney and director of the Non-Binary and Transgender Rights Project at Lambda Legal—which represented Pepper-Jackson—said the ruling was "deeply harmful for transgender women and girls who only asked for the ability to participate in sports with their peers."
"Countless studies have demonstrated the myriad benefits that come with participation in team sports," she added. "Now, one population, transgender youth and collegians, are targeted for specific and baseless discrimination."
The decision effectively legitimizes efforts in more than two dozen Republican-led states that have adopted bans on transgender athletes. However, Shannon Minter, the legal director of the National Center for LGBTQ Rights (NCLR), noted that the decision did not go as far as it could have, allowing other states to leave intact policies that let trans students participate.
"This is a disappointing decision, but also a narrow one that leaves the door open for the many states and schools that have adopted reasonable policies that protect both fairness and inclusion with respect to transgender students," Minter said. "Today’s limited decision means that states and schools across the country still have the power to make reasonable rules to ensure fairness without banning all transgender girls."
NCLR staff attorney Rachel Berg said that the ruling still "ignores clear discrimination and political attacks against transgender girls" and invites "invasive policing of young people's bodies."
"Blanket bans on transgender girls playing school sports invite anyone to call for a ‘gender check’ on any girl who wants to play sports if they think she is ‘too tall’ or ‘too strong,’” she warned.
Lambda Legal listed several cases in which young people in states with bans have been singled out and targeted with aggressive physical scrutiny by state officials:
In Florida, a 15-year-old junior varsity volleyball player was the subject of a police investigation after an anonymous accusation, prompting local officials to draft a 500-page report investigating her medical history, body weight, and anatomy. In Utah, a teenage basketball player was accused of being transgender by a member of the state board of education, leading to threats of violence against her and her family, and a teenager in Maine faced a similar attack from a state senator. In May, President Donald Trump similarly targeted a 16-year-old transgender girl for participating in a high school track meet. Under an Arizona ban, a cisgender male student was prohibited from participating on the boys’ team at his high school because of a clerical error that listed him as female on his original birth certificate.
Tuesday's decision comes amid an onslaught of other state-level legislation attacking transgender people, including bans on gender-affirming care for youth, bathroom bans, restrictions and invalidations of legal documents, and laws prohibiting schools from respecting students' preferred gender identities.
Karla Gonzales Garcia, the gender, sexuality, and identity director at Amnesty International USA, said the decision also "comes at a time of rising authoritarian practices under the Trump administration, which use gender and sexuality as a cultural battle for political gain."
The administration has threatened to investigate, sue, and strip funding from schools that accept trans athletes; attempted to throttle medical funding for hospitals that provide gender-affirming care; banned transgender people from the military; and pushed to force transgender women into men's prisons where they are at severe risk of sexual assault.
The Center for Constitutional Rights said that Tuesday's ruling "confirms what trans and intersex advocates have known for some time: we are in the Plessy v. Ferguson/Bowers v. Hardwick era of trans rights," referring to Supreme Court cases that upheld Jim Crow segregation and state bans on homosexuality.
"We have entered a period when the legal recognition and legal protections for trans and intersex people are at an all-time low," the group continued. "Anti-trans policymakers and activists have, through their actions and rhetoric, made their goal clear: to terrorize trans people and remove them from public life."
Several Democratic members of Congress expressed solidarity with the transgender community following the ruling.
"The Supreme Court’s ruling to allow states to ban trans kids from playing in sports is discriminatory and opens the door to incredibly invasive examinations of children to determine who can play on what team," said Rep. Pramila Jayapal (D-Wash.), whose adult daughter is trans. "This decision targets a tiny population of athletes and further emboldens Republicans’ anti-trans crusade."
Rep. Brittany Pettersen (D-Colo.) warned that the decision "hands Trump yet another weapon to strip protections and funding from schools across our nation," and said Republicans were "weaponizing our most vulnerable kids as pawns in a fight they did not choose."
Sen. Ed Markey (D-Mass.) said: "We will keep fighting. Discrimination and hate will not win."
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In a ruling that defenders of LGBTQ+ rights say clears the way for discrimination, the US Supreme Court upheld state laws banning transgender girls and women from participating on school and college athletic teams.
In a decision that will likely supercharge attacks on transgender people by red states and the Trump administration, the court said that state-level bans on transgender athletes did not violate either the 14th Amendment of the Constitution or Title IX, the federal law prohibiting sex discrimination in education.
The court's six conservatives ruled that Idaho and West Virginia did not violate the equal protection clause because the laws were made in the interest of athletic fairness.
"Biological males generally possess inherent physical advantages in sports," wrote Justice Brett Kavanaugh for the majority, describing it as a topic where there is still "medical and scientific uncertainty."
He dismissed equal protection claims from two athletes: 16-year-old shot put champion Becky Pepper-Jackson of West Virginia and 25-year-old Boise State student Lindsey Hecox, who failed to make her school's cross-country team because she was "too slow" but played in club-level sports.
The athletes argued that they took puberty-blocking medication that would have blunted their advantages, but Kavanaugh wrote that states were under no obligation to "grant individualized exemptions to specific athletes or subclasses."
The court ruled unanimously that West Virginia's state ban did not violate Title IX. But the court's three liberals disagreed on the question of equal protection.
Justice Sonia Sotomayor said that the scientific uncertainty surrounding the question was precisely why states should proceed with caution rather than enact categorical bans.
“In the end, to the court, the facts do not matter, even though the consequences are serious,” she wrote in her dissent.
She added that state bans will be harmful to trans people seeking friendship and community through sports. She said because of the court's decision, a state can deny young people "these experiences simply because it thinks they have an inherent athletic advantage, even if the facts show that they do not."
Sasha Buchert, senior attorney and director of the Non-Binary and Transgender Rights Project at Lambda Legal—which represented Pepper-Jackson—said the ruling was "deeply harmful for transgender women and girls who only asked for the ability to participate in sports with their peers."
"Countless studies have demonstrated the myriad benefits that come with participation in team sports," she added. "Now, one population, transgender youth and collegians, are targeted for specific and baseless discrimination."
The decision effectively legitimizes efforts in more than two dozen Republican-led states that have adopted bans on transgender athletes. However, Shannon Minter, the legal director of the National Center for LGBTQ Rights (NCLR), noted that the decision did not go as far as it could have, allowing other states to leave intact policies that let trans students participate.
"This is a disappointing decision, but also a narrow one that leaves the door open for the many states and schools that have adopted reasonable policies that protect both fairness and inclusion with respect to transgender students," Minter said. "Today’s limited decision means that states and schools across the country still have the power to make reasonable rules to ensure fairness without banning all transgender girls."
NCLR staff attorney Rachel Berg said that the ruling still "ignores clear discrimination and political attacks against transgender girls" and invites "invasive policing of young people's bodies."
"Blanket bans on transgender girls playing school sports invite anyone to call for a ‘gender check’ on any girl who wants to play sports if they think she is ‘too tall’ or ‘too strong,’” she warned.
Lambda Legal listed several cases in which young people in states with bans have been singled out and targeted with aggressive physical scrutiny by state officials:
In Florida, a 15-year-old junior varsity volleyball player was the subject of a police investigation after an anonymous accusation, prompting local officials to draft a 500-page report investigating her medical history, body weight, and anatomy. In Utah, a teenage basketball player was accused of being transgender by a member of the state board of education, leading to threats of violence against her and her family, and a teenager in Maine faced a similar attack from a state senator. In May, President Donald Trump similarly targeted a 16-year-old transgender girl for participating in a high school track meet. Under an Arizona ban, a cisgender male student was prohibited from participating on the boys’ team at his high school because of a clerical error that listed him as female on his original birth certificate.
Tuesday's decision comes amid an onslaught of other state-level legislation attacking transgender people, including bans on gender-affirming care for youth, bathroom bans, restrictions and invalidations of legal documents, and laws prohibiting schools from respecting students' preferred gender identities.
Karla Gonzales Garcia, the gender, sexuality, and identity director at Amnesty International USA, said the decision also "comes at a time of rising authoritarian practices under the Trump administration, which use gender and sexuality as a cultural battle for political gain."
The administration has threatened to investigate, sue, and strip funding from schools that accept trans athletes; attempted to throttle medical funding for hospitals that provide gender-affirming care; banned transgender people from the military; and pushed to force transgender women into men's prisons where they are at severe risk of sexual assault.
The Center for Constitutional Rights said that Tuesday's ruling "confirms what trans and intersex advocates have known for some time: we are in the Plessy v. Ferguson/Bowers v. Hardwick era of trans rights," referring to Supreme Court cases that upheld Jim Crow segregation and state bans on homosexuality.
"We have entered a period when the legal recognition and legal protections for trans and intersex people are at an all-time low," the group continued. "Anti-trans policymakers and activists have, through their actions and rhetoric, made their goal clear: to terrorize trans people and remove them from public life."
Several Democratic members of Congress expressed solidarity with the transgender community following the ruling.
"The Supreme Court’s ruling to allow states to ban trans kids from playing in sports is discriminatory and opens the door to incredibly invasive examinations of children to determine who can play on what team," said Rep. Pramila Jayapal (D-Wash.), whose adult daughter is trans. "This decision targets a tiny population of athletes and further emboldens Republicans’ anti-trans crusade."
Rep. Brittany Pettersen (D-Colo.) warned that the decision "hands Trump yet another weapon to strip protections and funding from schools across our nation," and said Republicans were "weaponizing our most vulnerable kids as pawns in a fight they did not choose."
Sen. Ed Markey (D-Mass.) said: "We will keep fighting. Discrimination and hate will not win."
In a ruling that defenders of LGBTQ+ rights say clears the way for discrimination, the US Supreme Court upheld state laws banning transgender girls and women from participating on school and college athletic teams.
In a decision that will likely supercharge attacks on transgender people by red states and the Trump administration, the court said that state-level bans on transgender athletes did not violate either the 14th Amendment of the Constitution or Title IX, the federal law prohibiting sex discrimination in education.
The court's six conservatives ruled that Idaho and West Virginia did not violate the equal protection clause because the laws were made in the interest of athletic fairness.
"Biological males generally possess inherent physical advantages in sports," wrote Justice Brett Kavanaugh for the majority, describing it as a topic where there is still "medical and scientific uncertainty."
He dismissed equal protection claims from two athletes: 16-year-old shot put champion Becky Pepper-Jackson of West Virginia and 25-year-old Boise State student Lindsey Hecox, who failed to make her school's cross-country team because she was "too slow" but played in club-level sports.
The athletes argued that they took puberty-blocking medication that would have blunted their advantages, but Kavanaugh wrote that states were under no obligation to "grant individualized exemptions to specific athletes or subclasses."
The court ruled unanimously that West Virginia's state ban did not violate Title IX. But the court's three liberals disagreed on the question of equal protection.
Justice Sonia Sotomayor said that the scientific uncertainty surrounding the question was precisely why states should proceed with caution rather than enact categorical bans.
“In the end, to the court, the facts do not matter, even though the consequences are serious,” she wrote in her dissent.
She added that state bans will be harmful to trans people seeking friendship and community through sports. She said because of the court's decision, a state can deny young people "these experiences simply because it thinks they have an inherent athletic advantage, even if the facts show that they do not."
Sasha Buchert, senior attorney and director of the Non-Binary and Transgender Rights Project at Lambda Legal—which represented Pepper-Jackson—said the ruling was "deeply harmful for transgender women and girls who only asked for the ability to participate in sports with their peers."
"Countless studies have demonstrated the myriad benefits that come with participation in team sports," she added. "Now, one population, transgender youth and collegians, are targeted for specific and baseless discrimination."
The decision effectively legitimizes efforts in more than two dozen Republican-led states that have adopted bans on transgender athletes. However, Shannon Minter, the legal director of the National Center for LGBTQ Rights (NCLR), noted that the decision did not go as far as it could have, allowing other states to leave intact policies that let trans students participate.
"This is a disappointing decision, but also a narrow one that leaves the door open for the many states and schools that have adopted reasonable policies that protect both fairness and inclusion with respect to transgender students," Minter said. "Today’s limited decision means that states and schools across the country still have the power to make reasonable rules to ensure fairness without banning all transgender girls."
NCLR staff attorney Rachel Berg said that the ruling still "ignores clear discrimination and political attacks against transgender girls" and invites "invasive policing of young people's bodies."
"Blanket bans on transgender girls playing school sports invite anyone to call for a ‘gender check’ on any girl who wants to play sports if they think she is ‘too tall’ or ‘too strong,’” she warned.
Lambda Legal listed several cases in which young people in states with bans have been singled out and targeted with aggressive physical scrutiny by state officials:
In Florida, a 15-year-old junior varsity volleyball player was the subject of a police investigation after an anonymous accusation, prompting local officials to draft a 500-page report investigating her medical history, body weight, and anatomy. In Utah, a teenage basketball player was accused of being transgender by a member of the state board of education, leading to threats of violence against her and her family, and a teenager in Maine faced a similar attack from a state senator. In May, President Donald Trump similarly targeted a 16-year-old transgender girl for participating in a high school track meet. Under an Arizona ban, a cisgender male student was prohibited from participating on the boys’ team at his high school because of a clerical error that listed him as female on his original birth certificate.
Tuesday's decision comes amid an onslaught of other state-level legislation attacking transgender people, including bans on gender-affirming care for youth, bathroom bans, restrictions and invalidations of legal documents, and laws prohibiting schools from respecting students' preferred gender identities.
Karla Gonzales Garcia, the gender, sexuality, and identity director at Amnesty International USA, said the decision also "comes at a time of rising authoritarian practices under the Trump administration, which use gender and sexuality as a cultural battle for political gain."
The administration has threatened to investigate, sue, and strip funding from schools that accept trans athletes; attempted to throttle medical funding for hospitals that provide gender-affirming care; banned transgender people from the military; and pushed to force transgender women into men's prisons where they are at severe risk of sexual assault.
The Center for Constitutional Rights said that Tuesday's ruling "confirms what trans and intersex advocates have known for some time: we are in the Plessy v. Ferguson/Bowers v. Hardwick era of trans rights," referring to Supreme Court cases that upheld Jim Crow segregation and state bans on homosexuality.
"We have entered a period when the legal recognition and legal protections for trans and intersex people are at an all-time low," the group continued. "Anti-trans policymakers and activists have, through their actions and rhetoric, made their goal clear: to terrorize trans people and remove them from public life."
Several Democratic members of Congress expressed solidarity with the transgender community following the ruling.
"The Supreme Court’s ruling to allow states to ban trans kids from playing in sports is discriminatory and opens the door to incredibly invasive examinations of children to determine who can play on what team," said Rep. Pramila Jayapal (D-Wash.), whose adult daughter is trans. "This decision targets a tiny population of athletes and further emboldens Republicans’ anti-trans crusade."
Rep. Brittany Pettersen (D-Colo.) warned that the decision "hands Trump yet another weapon to strip protections and funding from schools across our nation," and said Republicans were "weaponizing our most vulnerable kids as pawns in a fight they did not choose."
Sen. Ed Markey (D-Mass.) said: "We will keep fighting. Discrimination and hate will not win."