SCOTUS to hear cases of male athletes on women’s teams

In a Thursday order, the Supreme Court agreed to hear two cases involving the issue of whether male athletes who identify themselves as women can play women’s sports. The high court agreed to hear Idaho Gov. Brad Little v. Lindsay Hecox and West Virginia State Board of Education v. B.P.J. Both cases were brought by male athletes who present themselves as female and who want to participate in female-only sporting events. Oral arguments are expected to be held in the fall, with a decision likely to be handed down next year.

What does Idaho Gov. Brad Little v. Lindsay Hecox involve? This case challenges Idaho’s Fairness in Women’s Sports Act. Passed in 2020, the law requires athletes who play on publicly funded sports teams to only play on teams that correspond to their biological sex.

Lindsay Hecox, a man who identifies as a woman, filed the lawsuit after he was barred from trying out for Boise State University’s women’s track and cross-country teams, according to court documents. A Jane Doe plaintiff who plays on high school female varsity teams also joined the lawsuit, arguing that her sex would be disputed under the act due to her masculine appearance. The plaintiffs argue that prohibiting them from playing on female-only teams would violate their rights under the Equal Protection Clause in the Constitution’s 14th Amendment.

Supporters of the Fairness and Women’s Sports Act say allowing men to play on women’s sports teams will take opportunities, including scholarships, away from women.

What does West Virginia State Board of Education v. B.P.J. involve? This case challenges a similar law in West Virginia, referred to as the Save Women’s Sports Act. Like the Idaho law, this law establishes that athletic teams and sporting events designated for women or girls shall not be open to male participants. The case was brought by an eighth grade boy who identifies as a girl and wants to participate on his school’s cross country and track teams for girls, according to court documents. As in the Idaho case, the plaintiff accused the law of violating his rights under the 14th Amendment equal protection clause, as well as Title IX.

Supporters of the Save Women in Sports Act insist that pitting males against females in sports is patently unfair and West Virginia should ensure equal athletic opportunities for females.

Did the Supreme Court decide to hear any other significant cases on Thursday? The court agreed to hear a challenge by Gabriel Olivier, an open-air evangelist, against the city of Brandon, Mississippi. Olivier challenged a city ordinance restricting protests and demonstrations near a city amphitheater during special events. Olivier said the restrictions prevent him from sharing the gospel and engaging with event attendees, effectively violating his First and 14th Amendment rights. Supporters of the ordinance say it still allows demonstrations at the amphitheater—but they are limited to a designated protest area three hours before a ticketed event and one hour after the event.

Dig deeper: Read Lauren Canterberry’s report on the high court’s decision to hear a GOP challenge to campaign spending limits.