The Supreme Court agreed to hear challenges to laws in West Virginia and Idaho that ban transgender athletes from competing in women’s sports. This is the first time the justices will rule on the controversial matter that has been the subject of nationwide debate and dozens of lawsuits.
When does SCOTUS plan to look at case?
Justices will hear the case in the upcoming fall term, with a decision expected in the first half of 2026.
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“It’s a great day, as female athletes in West Virginia will have their voices heard. The people of West Virginia know that it’s unfair to let male athletes compete against women; that’s why we passed this commonsense law preserving women’s sports for women,” West Virginia Attorney General JB McCuskey said in a statement.
“Idaho’s women and girls deserve an equal playing field,” Idaho Attorney General Raúl Labrador said in a statement. “Men and women are biologically different, and we hope the Court will allow states to end this injustice and ensure that men no longer create a dangerous, unfair environment for women to showcase their incredible talent and pursue the equal opportunities they deserve.”
The American Civil Liberties Union has supported many athletes who are part of the lawsuits challenging the state’s laws.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status. Trans kids play sports for the same reasons their peers do–to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project, said in a statement.
What laws does this case include?
The West Virginia legislature passed the Save Women’s Sports Act in 2021, which prohibits biological men from competing in the state’s female sports programs. If there is a question whether someone competing in a women’s league is male, they have to prove they are female with a signed physician statement that is based on reproductive anatomy, testosterone levels and genetic makeup.
The bill stated there are inherent differences between men and women that give males lifelong advantages in sports, including their testosterone levels and muscle makeup.
The law cites Supreme Court precedent in United States v. Virginia, which states, “sex classifications may be used to compensate women for particular economic disabilities [they have] suffered, to promote equal employment opportunity, [and] to advance full development of the talent and capacities of our Nation’s people.”
State lawmakers enacted Idaho’s Fairness in Women’s Sports Act in 2020; Labrador said it was the first law of its kind.
Labrador described the case as a critical opportunity for the court to clarify that states have the authority to protect women’s athletics and ensure fair competition based on biological reality.
