Politics

Supreme Court hears arguments on Idaho and West Virginia transgender sports bans

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Jan 15, 2026

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The Supreme Court heard oral arguments on Tuesday, January 13, 2026, regarding state laws in Idaho and West Virginia that prevent transgender athletes from competing in sports categories designated for women and girls. The cases, *Little v. Hecox* and *B.P.J. v. West Virginia*, center on whether restricting transgender girls from female sports teams violates Title IX and the Constitution’s equal protection clause.

During the hearing, Justice Ketanji Brown Jackson questioned whether the statutes constitute discrimination based on transgender status. Idaho Solicitor General Alan Hurst defended his state's Fairness in Women's Sports Act, arguing the law relies on biological sex classifications rather than gender identity and is intended to preserve women's sports for women. In the West Virginia case, Solicitor General Michael Williams argued the court should focus on the state's authority to distinguish between sexes in athletics. Conversely, an attorney from the ACLU, representing a transgender teenager, contended that the bans deny equal protection and that valid distinctions should not exclude transgender girls who identify as female.

Outside the court, athletes and activists associated with the "Save Women's Sports" movement gathered to react to the proceedings. Madison Kenyan and Lainey Armistead, athletes involved in the defense of the laws, expressed optimism that the justices would protect the integrity of women's sports. However, other attendees voiced frustration with the lines of questioning; some activists criticized the justices' use of terminology such as "cisgender" and "assigned at birth," while others argued that the focus of the hearing treated female athletes as an "afterthought."

The Supreme Court is expected to issue a ruling by the summer. The decision could affirm or overturn similar restrictions on transgender athletes currently enacted in approximately two dozen states.

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• The legislation relies on biological sex rather than gender identity Idaho Solicitor General Alan Hurst defended the Fairness in Women's Sports Act by arguing that the law is grounded in biological sex classifications. He stated that the intent of the statute is to preserve women's sports for women, distinguishing this aim from discrimination based on gender identity.

• States possess the authority to distinguish between sexes in athletics West Virginia Solicitor General Michael Williams argued that the legal focus should remain on the state's power to regulate sports. He contended that states hold the necessary authority to make distinctions between the sexes within athletic programs.

• Protecting the category of women’s sports is the primary priority Athletes associated with the "Save Women's Sports" movement expressed optimism that the justices would rule to protect the integrity of women's sports. Outside the court, activists voiced frustration that female athletes were being treated as an "afterthought" and criticized the use of terms like "cisgender" during the proceedings.

How it may affect me

As a U.S. reader:

A Supreme Court ruling expected this summer could determine the validity of laws in approximately two dozen states that currently restrict transgender athletes from competing in female sports categories.

The decision will clarify whether states have the authority to regulate athletics based on biological sex or if such distinctions violate Title IX and constitutional equal protection guarantees.

Athletic programs may need to revise eligibility policies depending on whether the court prioritizes preserving women’s sports for biological females or ensuring inclusion based on gender identity.

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