SCOTUS upholds state laws keeping boys out of girls’ sports

The Supreme Court on Tuesday ruled that state laws in West Virginia and Idaho, which prohibit males from joining female sports teams, did not violate the Constitution or federal law. The ruling came after two male plaintiffs who identify as female sued West Virginia and Idaho, seeking to block enforcement of their laws.

All of the justices agreed that the state laws complied with Title IX protections against discrimination on the basis of sex. Given the inherent physical differences between the sexes, sex-segregated sports teams were a reasonable way to protect against discrimination in sports, Justice Brett Kavanaugh wrote in the majority opinion. Over the past six years, 27 states have passed such laws.

However, the justices were split 6-3 on the other question in the case. The majority decided that the laws also did not violate the 14th Amendment, which guarantees equal protection under the law. Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson disagreed with the majority on this point. They wrote that a factual dispute should have been resolved before anyone made a decision regarding the 14th Amendment. The dispute was over whether boys who received female hormones before undergoing puberty should be legally in the same category as boys who received the hormones after puberty.

What have supporters of the decision had to say? State Rep. Barbara Ehardt, the principal sponsor of Idaho’s law, in a statement Tuesday called the ruling a victory for every girl and woman who simply wants a fair opportunity to compete. U.S. Rep. Mike Simpson, R-Idaho, applauded Ehardt’s efforts and called the high court’s decision an incredible step toward preserving and protecting Title IX for future generations.

Dig deeper: Read Liz Lykins’ report on the Supreme Court’s decision to hear a case over whether parents can challenge Washington state laws on gender transitions.