Supreme Court May Allow States to Bar Transgender Athletes

“It is undisputed that states may separate their sports teams based on sex in light of the real biological differences between males and females. States may equally apply that valid sex-based rule to biological males who self-identify as female. Denying a special accommodation to trans-identifying individuals does not discriminate on the basis of sex or gender identity or deny equal protection.” “West Virginia argues that to protect these opportunities for cisgender girls, it has to deny them to B.P.J. But Title IX and the Equal Protection Clause protect everyone. And if the evidence shows there are no relevant physiological differences between B.P.J. and other girls, then there’s no basis to exclude her.” “Given that half the states are allowing it, allowing transgender girls and women to participate, about half are not, why would we at this point, just the role of this court, jump in and try to constitutionalize a rule for the whole country while there’s still, as you say, uncertainty and debate, while there’s still strong interest in other side?” “This court has held in cases like V.M.I. that in general, classification based on sex is impermissible because in general, men and women are simply situated. Where that’s not true is for the sorts of real, enduring, obvious differences that this court talked about in cases like V.M.I., the differences in reproductive biology. I don’t think the pseudoscience you’re suggesting has been baked.” “Well, it’s not pseudo. It’s good science.” “It’s not pseudoscience to say boys’ brain development happens at a different stage than girls does.” “Well, with all respect, I don’t think there’s any science anywhere that is suggested that these intellectual differences are traceable to biological differences.” “Can we avoid your whole similarly situated argument that you run because I don’t really like it that much either? And I’m not trying to prejudice anyone making that argument later. But I mean, I think it opens a huge can of worms that maybe we don’t need to get into here.”