The Supreme Court seems poised to deliver another blow to trans rights
Key Points:
- The Supreme Court heard two cases, Little v. Hecox and West Virginia v. B.P.J., concerning whether transgender women have the right to participate in women’s high school or college sports, but indications suggest the Court is unlikely to side with the trans athletes.
- The Court’s 6-3 Republican majority and existing laws permitting sex-segregated sports teams give little legal ground for trans athletes to prevail, as sex discrimination in sports is treated differently than in other contexts like employment.
- Unlike race discrimination, which is subject to strict scrutiny, sex discrimination cases undergo intermediate scrutiny, allowing states more leeway to classify athletes by sex, complicating challenges by trans athletes to their classification.
- Most justices seemed focused on