A group of 130 Democrats is urging the Supreme Court to support transgender athletes in two significant cases relating to biological women.
A coalition of 121 members from the House and nine senators made their case in a brief on Monday regarding the Idaho case, highlighting the importance of protecting the rights and safety of all students, regardless of gender identity. They stated, “An express ban is not a suitable way to handle youth sports participation,” emphasizing the need to safeguard the rights and well-being of both transgender and cisgender students.
They further claimed that stringent prohibitions, like those enacted in West Virginia and Idaho, threaten the inclusion of transgender students in school activities. Senator Maisie K. Hirono from Hawaii, who spearheaded this initiative, pointed out that these bans could harm not only transgender students but also target marginalized groups, creating an environment of discrimination and harassment.
“This contradicts the essence of Title IX, which aims to eradicate discrimination in federally supported educational programs,” they argued. Such outright prohibitions represent clear discrimination that the courts should recognize.
The brief attracted support from several prominent progressive Democrats, including Representatives Alexandria Ocasio-Cortez, Ilhan Omar, and Rashida Tlaib, as well as House Minority Leader Hakeem Jeffries. Interestingly, Senate Minority Leader Chuck Schumer was notably absent from the list of signatories.
In the case Little vs. Hecox, a law was enacted in Idaho to protect women’s sports from transgender participation. This law was challenged in 2020 when Lindsay Hecox, a transgender athlete wishing to join Boise State University’s women’s cross country team, launched a lawsuit. A lower court blocked this law along with over 20 others nationwide aimed at securing women’s sports. Idaho is now asking the Supreme Court if such legislation infringes on the Equal Protection Clause of the 14th Amendment.
Similarly, in the case State of West Virginia vs. BPJ, the lawsuit originated from a mother opposing a law that barred men from competing in women’s sports, filed on behalf of her transgender daughter, Becky Pepper Jackson. A lower court also blocked this law while the appeal was pending. West Virginia is now seeking clarification on whether Title IX prohibits states from assigning sports teams by biological sex and if such laws violate the Equal Protection Clause.
Contrastingly, former President Donald Trump recently signed an executive order titled “Protecting Women from Gender Ideological Extremism and Restoring Biological Truth to the Federal Government.” This order asserts that “‘sex’ does not equate to ‘gender identity,'” expressing concerns that the blending of these concepts undermines women and governmental integrity.
This order highlights the potential dangers of disregarding established biological terminology in favor of a more fluid understanding of gender, arguing that this shift dilutes protections meant for women and replaces these with problematic identity-based concepts.
Former President Trump’s administration also focused on keeping men out of women’s sports, emphasizing that Title IX should not encompass “gender identity.” The conservative 6-3 Supreme Court has shown skepticism towards recent regulations affecting transgender minors and LGBTQ+ propaganda in schools, as well as Colorado’s “conversion therapy” ban.
