The Real Reason the Supreme Court Reversed Its Position on Trans Rights
Key Points:
- In 2020, the Supreme Court ruled in Bostock v. Clayton County that federal employment discrimination protections based on "sex" include protections for gay and transgender individuals, surprising conservatives who expected a different outcome after Justice Kavanaugh's confirmation.
- Recently, the Court heard cases (Little v. Hecox and West Virginia v. BPJ) challenging state laws banning transgender women and girls from participating in sports consistent with their gender identity, with conservative justices signaling openness to upholding such bans.
- The shift from Bostock to these sports cases reflects changing social and political contexts, including intensified conservative campaigns vilifying transgender people and increased legislative efforts targeting trans rights, with over 2,500 anti-trans bills introduced since 2021