Supreme Court to review state bans on transgender athletes' participation in school sports

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The Supreme Court decided Thursday to review state bans on transgender athletes participating in public school sports.

Oral arguments will likely be heard later this fall regarding two cases in Idaho and West Virginia. Both cases are focused on state laws that prevent biological males from competing on girls’ and women's sports teams.

Transgender athlete Becky Pepper-Jackson qualified for the West Virginia girls high school state track meet, finishing third in the discus throw and eighth in the shot put in the Class AAA division. (Kirby Lee-USA TODAY Sports)

West Virginia, which enacted the "Save Women’s Sports Act" in 2021, is appealing a lower-court ruling that allowed transgender athlete Becky Pepper-Jackson to compete on the school’s cross-country and track teams. This past year, Pepper-Jackson qualified for the West Virginia girls high school state track meet, finishing third in the discus throw and eighth in the shot put in the Class AAA division. 

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The 4th U.S. Circuit Court of Appeals ruled in favor of Pepper-Jackson, who has been taking puberty-blocking medication, in an April 2024 ruling based on the Constitution's equal protection clause.

"It’s a great day, as female athletes in West Virginia will have their voices heard," West Virginia Attorney General John McCuskey said in a statement. "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."

"We are confident the Supreme Court will uphold the Save Women's Sports Act because it complies with the U.S.